§ 13-7-9. Allowance of Setoff of Distributive Share in Estate Against Judgment Against Legatee or Owner of Share
A legatee or owner of a distributive share in an estate may set off such share against a judgment against him unless special reason exists requiring the collection of the judgment. History. Civil Code 1895, § 3752; Civil Code 1910, § 4346; Code 1933, § 20-1307. History of Code section. This Code section is derived […]
§ 13-7-10. Allowance of Setoff of Value of Improvements Against Claim for Mesne Profits
The value of improvements made by one bona fide in possession under a claim of right may be set off against a claim for mesne profits. History. Orig. Code 1863, § 2847; Code 1868, § 2855; Code 1873, § 2906; Code 1882, § 2906; Civil Code 1895, § 3753; Civil Code 1910, § 4347; Code […]
§ 13-7-11. Allowance of Setoff of Debt Not Due Against Claim of Nonresident or Insolvent Plaintiff
If a plaintiff resides outside this state or is insolvent, the defendant may set off against him a debt not due under such equitable terms as may be prescribed by the court. History. Orig. Code 1863, § 2849; Code 1868, § 2857; Code 1873, § 2908; Code 1882, § 2908; Civil Code 1895, § 3755; […]
§ 13-7-12. Grounds for Allowance of Recoupment Generally
Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake. History. Orig. Code 1863, § 2852; Code 1868, § 2860; Code 1873, § 2911; Code 1882, § 2911; Civil Code 1895, § 3758; Civil Code 1910, § 4352; Code 1933, § 20-1313.
§ 13-7-13. Actions in Which Recoupment May Be Pleaded; Procedure Where Damages of Defendant Exceed Damages of Plaintiff
Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract. If the damages of the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff. History. Orig. Code 1863, § 2853; Code 1868, § 2861; […]
§ 13-6-13. Recovery of Interest Upon Damages
In all cases where an amount ascertained would be the damages at the time of the breach, it may be increased by the addition of legal interest from that time until the recovery. History. Orig. Code 1863, § 2886; Code 1868, § 2894; Code 1873, § 2945; Code 1882, § 2945; Civil Code 1895, § […]
§ 13-7-14. Effect of Conflict Between This Chapter and Chapter 11 of Title 9
In the event of a conflict between this chapter and Chapter 11 of Title 9, the latter shall control to the extent of the conflict.
§ 13-6-14. Number of Actions for Breach of Contract
If a contract is entire, only one action may be maintained for a breach thereof; but, if it is severable or if the breaches occur at successive periods in an entire contract, an action will lie for each breach; but all the breaches occurring up to the commencement of the action must be included therein. […]
§ 13-8-1. Contracts to Do Immoral or Illegal Things
A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal. History. Orig. Code 1863, § 2713; Code 1868, § 2707; Code 1873, § 2749; Code 1882, § […]
§ 13-6-15. Damages for Writing Bad Checks
Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument […]