Section 6-8-80 Judgments. Judgments may be set off against each other by a district or circuit court on motion. (Code 1852, §2242; Code 1867, §2644; Code 1876, §2993; Code 1886, §2680; Code 1896, §3730; Code 1907, §5861; Code 1923, §10175; Code 1940, T. 7, §353.)
Section 6-8-81 Debt or liquidated demand due comaker or principal. A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal. (Code 1852, […]
Section 6-8-82 Exemptions – Wages of head of family. The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be defeated or abated by any counterclaim of a money demand acquired by the person contracting to pay such wages by assignment […]
Section 6-8-83 Exemptions – Negotiated commercial paper. Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim. (Code 1852, §2244; Code 1867, §2646; Code 1876, §2995; Code 1886, §2684; Code 1896, §3733; Code 1907, §5864; Code 1923, §10178; Code 1940, T. 7, §356.)
Section 6-8-84 Effect of statute of limitations. When the defendant pleads a counterclaim to the plaintiff’s demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintiff on the claim […]
Section 6-8-85 Judgment for defendant – Permissive counterclaims. If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff’s demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, […]
Section 6-8-86 Judgment for defendant – Compulsory counterclaims. On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is […]
