Ledwith v. City of Jacksonville

Citations

• 32 Fla. 1

Syllabus

<p>1. A cross-bill is one brought by a defendant in a suit against the complainant in the same suit, or against other defendants in the same suit, or against both, touching the matters in question in the original bill, and is considered as an auxilliary suit or as a dependency upon the original bill, and can be sustained only on matter growing out of the original bill. Such cross-bill may set up new matter arising subsequently, but still it must constitute part of the same defense or relate to the same subject-matter in such a way as to be a defense to the original suit.</p> <p>Z. A supplemental bill is considered merely as an addition to the original bill, and while it is often permissible and proper to introduce matter that has occurred after the institution of the suit, and of such a nature as can not be properly the subject of an amendment, yet such new matter must not be such as to change the rights and interests of the parties before the court.</p> <p>3. The matter brought forward in the supplemental cross-bill in the case at bar, held to be no defense to the original bill filed against the city of Jacksonville, appellee here.</p>