Alabama Code 6-8-85. Judgment for defendant – Permissive counterclaims
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Terms Used In Alabama Code 6-8-85
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
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, and where there is more than one defendant and the debt or demand permissively counterclaimed belongs to only one defendant, then judgment for such excess must be entered in favor of such defendant for such excess.