Randolph's Appeal

Citations

• 66 Pa. 178
• 1871 Pa. LEXIS 13

Syllabus

<p>1. An original and cross bill are usually, but not necessarily, beard together.</p> <p>2. When both causes are at issue, the plaintiff in the cross-suit may have an order that they be heard together.</p> <p>3. A partner filed a bill against his fellow for an account, an answer was put in; before hearing, the defendant filed a cross-bill averring a settlement since filing the answer and praying the plaintiff might be compelled to perform it; the plaintiff put in an answer. Held, that the settlement being a preliminary question the court might order the cross-suit to be first heard.</p> <p>4.. There being no replication, it was not error to refuse to appoint an examiner.</p> <p>5. When a cause is heard on bill and answer, it is to be determined by the facts alleged in the bill and not denied in the answer; the court cannot look beyond the pleadings.</p>