Nebraska Statutes 25-21,207. Actions by state; counterclaims
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In any civil action instituted by the state, except in actions for the collection of revenue, for school or other trust funds, or against defaulting officers and their sureties or insurance providers as specified in section 11-201, the defendant may, as matter of defense, plead any setoff, counterclaim, or cross-demand that he or she may have arising to him or her in his or her own right, and upon which an action could be maintained by him or her against the state.
Source
- Laws 1877, § 7, p. 21;
- R.S.1913, § 1183;
- C.S.1922, § 1106;
- C.S.1929, § 27-325;
- R.S.1943, § 24-325;
- R.S.1943, (1985), § 24-325;
- Laws 2004, LB 884, § 14.
Terms Used In Nebraska Statutes 25-21,207
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- 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.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801