The plaintiff in error was defendant below. Having failed to file a cross-bill, he was not entitled to affirmative relief. He cannot complain, that relief, to which he failed to assert a right was not granted him. His attitude in this respect is similar to the attitude of the plaintiff in error in the cases of Monti & Caze v. Bishop, and Sisty v. Bebee, decided at this term.

For the reasons expressed in the opinions in those cases, the writ must be dismissed.

Writ dismissed.