Millsaps v. Pfeiffer

Citations

• 44 Miss. 805

Syllabus

<p>1. Chanceby teactice — Cboss-bill.—It is a settled doctrine in equity, tliat a defendant cannot pray anything in his answer, except tobe dismissed from the court, ■with his costs. If he soek to obtain some necessary discovery of facts in aid of his defense to the original hill, or to obtain some relief founded on collateral claims of defendant, he should make his answer a cross-bill.</p> <p>2. Same — Election of eemedy. — Although, by the statute of November 25th, 1861, the defendant is entitled to take the testimony of the complainant in the original bill, yet it does not oust the chancery court of its original jurisdiction of cros s-bills, when filed, even for discovery only. The defendant has his election to take the testimony of complainant under tho statute, or to resort to his cross-bill for discovery or for relief.</p>