Code of Alabama
Ala. Code § 6-8-85 (2026)
Judgment for Defendant - Permissive Counterclaims.
✓ official Alabama Legislature (ALISON) text, current July 2026
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.
(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.)
Notes of Decisions
Cited in 2
cases, 1987–1994 · leading case: ROMAR DEV. v. Gulf View Mgmt. Corp., 644 So. 2d 462 (Ala. 1994).
ROMAR DEV. v. Gulf View Mgmt. Corp., 644 So. 2d 462 (Ala. 1994). “Those sections were replaced by Ala.Code 1975, §§ 6-8-85, -84, and -86, respectively, which provided: "§ 6-8-85.”
Sharp Elec. Corp. v. Shaw, 524 So. 2d 586 (Ala. 1987). “As to affirmative recoveries, see Code 1975, §§ 6-8-85, -86, originally enacted in the nineteenth century.”
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treatment. Dots show Syfertize treatment of the citing case itself.