
    Mills v. Buttrick et al.
    A defendant in a suit in chancery failing to file a cross-bill is not entitled to affirmative relief.
    
      Error to Probate Court of Clear Creeic County.
    
    Mr. L. O. Rockwell, for plaintiff in error.
    Mr. M. S. Taylor, for defendants in error.
   Per Curiam.

The plaintiff in error was defendant below. Having failed to file a cross-bill, he was not entitled to affirmative relief. He cannot complain, that relief, to which he failed to assert a right was not granted him. His attitude in this respect is similar to the attitude of the plaintiff in error in the cases of Monti & Caze v. Bishop, and Sisty v. Bebee, decided at this term.

For the reasons expressed in the opinions in those cases, the writ must be dismissed.

Writ dismissed.  