Alabama § 6-8-85 Judgment for Defendant - Permissive Counterclaims

Alabama Statutes

§ 6-8-85 — Judgment for Defendant - Permissive Counterclaims

Alabama § 6-8-85

Title 6Civil Practice

Ch. 8Miscellaneous Procedure

Art. 5Counterclaims

This text of Alabama § 6-8-85 (Judgment for Defendant - Permissive Counterclaims) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 6-8-85 (2026).

Text

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.

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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.

Legislative History

(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729; Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)