Judgment upon counterclaim or setoff.

1. Law
2. Nebraska Revised Statutes
3. Courts; Civil Procedure
4. Judgment upon counterclaim or setoff.

25-1316. Judgment upon counterclaim or setoff.

If a counterclaim or setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess; or, if it appears that the defendant is entitled to any affirmative relief, judgment should be given therefor.

Source

• R.S.1867, Code § 441, p. 467;
• R.S.1913, § 8009;
• C.S.1922, § 8950;
• C.S.1929, § 20-1316;
• R.S.1943, § 25-1316.

Annotations

• It is approved practice for the judgment entry to show findings of the verdict for each party for computations of the judgment for excess. Crete Mills v. Stevens, 120 Neb. 794, 235 N.W. 453 (1931).

• Plaintiff's claim and counterclaim should be disposed of in one trial. Miller v. McGannon, 79 Neb. 609, 113 N.W. 170 (1907).

Download our app to see the most-to-date content.