...<®=»I47— When cross-complaint is permissible. A cross-complaint is permissible in an action only when a defendant seeks affirmative relief against any party...affecting the property to which the action relates, under Code Civ. Proc. § 442. 3. Pleading <3=I47 — Cross-complaint Is not permissible which affects...

...pending action is found In the provision of section 442 of the Code of Civil Procedure which reads: "Whenever the defendant seeks affirmative relief against...depending upon the contract or transaction upon which tbe action is brought, or affecting the property to which the action relates, he may, in addition to...

...defendant seeks affirmative relief against anv party relating to or depending upon the (•ontract or transaction upon which the action is brought, or...affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court, subsequently,...

...by cross-complaint in such action his right to affirmative relief against any party to the action, relating to or depending upon the contract or transaction upon which the action was brought, or affecting the property to which the action related (section 442, Code Civ. Proc.),...

...unfounded, since the allegations set forth therein do not in any way appear "to relate to or depend upon the contract or transaction upon which the action is brought, or to affect the property to which the action relates," as required for a cross complaint by section....

...which the plaintiffs action relates. Section 305, Code Civil Proc., (Laws Utah 1884,) is as follows. Whenever the defendant seeks affirmative relief against...the contract or transaction upon which the action is sought, or affecting the property to which the action relates, he may, in addition to his answer, file...

...therein. But the cross-complaint was not filed in a proper case. Section 442, Code Civ. Proc., provides: " Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the transaction upon which the action is brought, or affecting the property to which the action relates,...

...therein. But the cross-complaint was not filed in a proper case. Section 442, Code Civil Proc., provides : "Whenever the defendant seeks affirmative relief against any party, relating to or depending upon t!;e * * * transaction upon which the action is brought, or affecting the property to which the action...

...defendant seeks affirmative relief against any party, re240 COULTHUBST t,. CoULTHUEST. [May, 1881. iating to or depending upon the contract or transaction upon which the action was brought, or affecting the property to which the action relates, he may, in addition to his answer,...

...divorce under section 442 of the Code of Civil Procedure of California. That section is as follows: "Whenever the defendant seeks affirmative relief against...the contract or transaction upon which the action ia brought, or affecting the property to which the action relates, he may, in addition to his answer,...