West Va. O. & O. L. Co. v. Vinal

Citations

• 14 W. Va. 637
• 1879 W. Va. LEXIS 4

Syllabus

<p>1. Generally a cross-bill ex vi tmninarum implies a bill brought by a defendant in a suit against the plaintiff in the same suit, or against other defendants in the same suit, or against both, touching matters in question in the original bill. It is generally proper when the cross-hill is filed against co-defendants to make the plaintiff in the original suit a defendant in the cross-bill.</p> <p>A cross-bill is usually brought, either to obtaiu a necessary discovery of facts in aid of the defense to the original bill, or to obtain full relief to all parties touching the matters of the original bill. 2.</p> <p>A cross-bill being generally considered as a defense to the origin-inal bill, or as a proceeding necessary to a complete determination of a matter already in litigation, the complainant is not, at least as against the complainant in the original bill, obliged to show any ground in equity to support the jurisdiction of the court. It is treated' in short as a mere auxiliary suit or dependency upon the original. But when a cross-bill seeks not only discovery but also relief, care should be taken that the relief prayed by the cross-bill should be equitable relief; for to this extent ifmay be considered a cross-bill seeking further aid from the court; and then the relief ought to be such as in point of jurisdiction it is competent for the court to give.</p> <p>4. Where a cross-bill seeks relief which is of an equitable nature, if it does not contain all proper allegations which confer an equitable title to such relief, it will be open to demurrer.</p> <p>5, The W. Ya. 0. & 0. L. Co. filed their bill of injunction against J. F. V., alleging therein that J. F. V. is wrongfully and unlawfully trespsasing upon certain land of the plaintiff, and asking the court to perpetually enjoin the defendant from com - mitting further acts of trespass on said land, and the allegations touching the alleged trespasses and damage are sufficient to give a court of equity jurisdictio