District Grand Lodge of the Grand United Order of Odd Fellows in America v. Leonard
Mississippi Supreme Court
District Grand Lodge of the Grand United Order of Odd Fellows in America v. Leonard, 92 Miss. 777 (Miss. 1908)
46 So. 532
Mates
District Grand Lodge of the Grand United Order of Odd Fellows in America v. Leonard
Opinion of the Court
delivered the opinion of the court.
Under Code 1906, § 587, the demurrer to the cross-bill should have been sustained as to all the defendants thereto. The so* called cross-bill is in fact an original bill, and introduces no new matter material in defending the case made by the original bill filed in the cause.
The decree overruling the demurrer of the District Grand Lodge is reversed, demurrer sustained, cross-bill dismissed, and cause remanded.
Reversed.
Reference
- Full Case Name
- District Grand Lodge of the Grand United Order of Odd Fellows in America v. Stephney E. Leonard
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Equity Pleading and Practice. Cross-bill. New Parties: In the absence of statutory warrant therefor new parties cannot be brought into an equity suit by a cross-bill. :2. Same. Code 1906, § 587. Must not bring in distinct matters. A cross-bill, not confined to the matters involved in the original suit, but introducing other distinct matters, not material in making defence to the original bill, is demurrable under Code 1906, § 587, regulating the subject.