Dougherty v. Commercial Court Holding Co.

—This appeal is from an order denying a motion to strike a cross bill, the movant relying on the decision of this court in Ballard vs. Kennedy, 34 Fla. 483, 16 So. 327.

The function of a cross bill is to secure affirmative relief for the defendant in regard to the matter in controversy and to obtain a complete determination, among the parties, of all the elements of dispute involved in or connected with the suit. It is primarily a defense and must be restricted to matters of equity germane to or growing out of the original suit. Griffin vs. Fries, 23 Fla. 173, 2 So. 266, 10 R. C. L. 484.

The…