Cross-complaint

This is allowed when a defendant has a cause of action against a co-defendant, or a person not a party to the action, and affecting the subject-matter of the action. The only real difference between a complaint and a crosscomplaint, is, that the first is filed by the plaintiff and the second by the defendant. Both contain a statement of the facts, and such demands affirmative relief upon the facts stated. The difference betwe counter-claim and a cross-complaint is that in the former the defendant's cause of action is against the plaintiff; and the latter, against a co-defendant, or one not a party to the action; White v. Reagan, 32 Ark. 290.

In code practice. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The cross-complaint must be served upon the parties affected thereby, and such parlies may demur or answer thereto as to the original complaint. Code Civ. Proc. Cal. § 442; Stand-ley v. Insurance Co., 95 Ind. 254; Harrison v. McCormick, 69 Cal. 616, 11 Pac. 456; Bank v. Ridpath, 29 Wash 687, 70 Pac. 139.

In criminal law. A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecution may be instituted. It is a technical term, descriptive of proceedings before a magistrate. Hobbs v. Hill, 157 Mass. 556, 32 N. E. 862; Co.m. v. Davie, 11 Pick. (Mass.) 436; U. S. v. Co.llins (D. C.) 79 Fed. 66; Sinte v. Dodge Co.., 20 Neb. 595, 31 N. W. 117. The complaint is an allegation, made before a proper magistrate, that a person bas been guilty of a designated public offense. Code Ala. 1886, §4255. Defined under Complaint in Black's Law Dictionary.