25-4-602: Judgment for excess when plaintiff admits counterclaim.
Where this section sits in the code
- TITLE 25. CIVIL PROCEDURE
- CHAPTER 4. PLEADINGS, MOTIONS, AND OTHER PAPERS
- Part 6. Procedure After Claims Partially Admitted
In an action upon contract when the complaint demands judgment for a sum of money only, if the defendant by the answer does not deny the plaintiff's claim but sets up a counterclaim amounting to less than the plaintiff's claim, the plaintiff, upon filing with the clerk an admission of the counterclaim, may take judgment for the excess, as upon a default for want of an answer.
Collected 2026-09-14T04:50:01Z. Source file · JSON