Nebraska Statutes 25-1316. Judgment upon counterclaim or setoff
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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.
Terms Used In Nebraska Statutes 25-1316
- Counterclaim: A claim that a defendant makes against a plaintiff.
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.