Recoupment differs from setoff in this respect: Any claim or demand the defendant may have against the plaintiff may be used as a setoff, while only a claim or demand arising out of the same transaction as that sued on by the plaintiff may be used as a recoupment.
History. Orig. Code 1863, § 2851; Code 1868, § 2859; Code 1873, § 2910; Code 1882, § 2910; Civil Code 1895, § 3757; Civil Code 1910, § 4351; Code 1933, § 20-1312.
Cross references.
Counterclaim and cross-claim, § 9-11-13 .
Effect of counterclaim exceeding opposing claim under Civil Practice Act, § 9-11-13 .
Joinder of claims and remedies under Civil Practice Act, § 9-11-18 .
Law reviews.
For article comparing the Federal Rules of Civil Procedure to Georgia trial practice procedures prior to the adoption of the Georgia Civil Practice Act, see 1 Ga. St. B.J. 315 (1965).