§ 25-1316 — Judgment upon counterclaim or setoff

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.

Legislative History

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. Annotations: Where offsetting claims and counterclaims were tried separately, the final judgment did not occur until all claims were adjudicated and both jury verdicts were accepted by the district court. VKGS v. Planet Bingo, 309 Neb. 950, 962 N.W.2d 909 (2021). It is approved practice for the judgment entry to show findings of the verdict for each party for computations of the judgment for excess. Crete Mills v. Stevens, 120 Neb. 794, 235 N.W. 453 (1931). Plaintiff's claim and counterclaim should be disposed of in one trial. Miller v. McGannon, 79 Neb. 609, 113 N.W. 170 (1907).