Majority
p. 55Gabriel F. Irving et al., ex’or s, &c. of Henry Eckford deceased, v. George C. De Kay et al.
Headnote
Crogs.W)1 at ¾⅞*time 1<> b*F. B. Cutting, for appellants; G. C. De Kay, for respondent.
The court decided that the proper time for filing a cross-bill, where such a bill is necessary, is at the time of putting in the answer in the original suit, and before the issue is joined by the filing of a replication. And that where the filing of a cross-bill is delayed until after the original suit is at issue, the complainant in such cross-bill will not be entitled to an order staying the proceedings in the original suit, without showing some
p. 56
excuse for neglecting to file such bill before the original suit was at issue.
Order appealed from reversed, with costs to be taxed as a part of the general costs of the suit, if the complainants succeed therein.