McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)
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was brought in 1824. answer of Anderson McCormick filed in 1826. it had been pending nearly 18 years, was Matured for trial, when the Cross Bill was filed in 1842. Henry Showalter purchased the Woman & Child in 1824 before the filing of the answer to the original Bill, neither he or Joseph Showalter were parties to the original suit, the object of the Bill was to make them parties, the whole purpose and object of a Cross Bill is to bring the whole subject on hand in the original suit duly before the Court, to enable the Court to do justice between the Parties, to the original suit, if the proper parties are are not before the Court, the mode of getting them before the Court is plain, but not by Cross Bill, another purpose of the Cross Bill is to enable the defendant to procure from the Plaintiff in the original suit, all such disclosures by answer as are necessary to full justice, it may also be filed to settle the rights of Codefendants, or to bring before the Court any matter touching the subject of Controversy, that would be the subject of a plea "Puis Darrein Continuance" at Common Law. But never for the purpose of making new parties & seen in a proper Case the Cross Bill should be filed at the time of putting in the answer to the original suit or the delay must be accounted for. Upon the subject of Cross Bill the Court is referred to Daniels Chancery Pleading and