P. W. Wilkins and Co. v. Stoer

The 1931 Chancery Act, 63 F.S. 1941 j was remedial in its purpose and should be liberally construed. The purpose and intent was not to grant power, but to regulate and liberalize the exercise of existing power conferred by the constitution. Its purpose was to remove some of the rigidity of the procedure in the furtherance of simplification.

Speaking generally, the statutory counterclaim under 63.35 F.S. 1941 should lie under the circumstances that a cross-bill would lie under the general equity jurisprudence.

“A ‘cross-bill’ strictly speaking, is one brought by a defendant in an equity suit…