Washington Railroad v. Bradleys
77 U.S. 299 (1869)

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U.S. Supreme Court

Washington Railroad v. Bradleys, 77 U.S. 10 Wall. 299 299 (1869)

Washington Railroad v. Bradleys

77 U.S. (10 Wall.) 299

Syllabus

1. It is a gross irregularity to hear a case without some terms imposed, on an amended bill filed after replication, without leave of the court.

2. So it is an irregularity to go to hearing without replications to answers.

3. A petition by "way of cross-bill" which makes nobody defendant, which prays for no process, and under which no process is issued is a nullity.

4. A decree on such a bill praying the reverse of what the original bill prayed is fatally erroneous. Nor will the fact that objection was not made below cure a combination of errors so large and so grave as above indicated.

Appeal from the Supreme Court of the District of Columbia in a case of a bill by the Washington, Alexandria & Georgetown Railroad Company against the City of Washington

Page 77 U. S. 300

and J. H. and A. T. Bradley and others, amended by the addition of new defendants, and of a petition "by way of cross-bill," made by one of the respondents in the case, referring to the case by title and stating that "the facts fully appear in the case," praying the reverse of what the complainant had prayed, but not making anybody defendant nor praying process, and under which no process was obtained, the decree appealed from having been a decree in accordance with the prayer of this "cross-bill."

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