Tennessee Code Annotated
Tenn. Code Ann. § 25-1-105 (2026)
Judgment molded to facts
✓ current as of May 2026
Such and so many judgments, joint, separate, and cross, may be rendered as may be necessary to the rights of the parties, or one (1) amount may be set off against another and judgment rendered for the residue, or judgment may be rendered for the defendant against the plaintiff for any amount or balance for which it is found that the plaintiff is liable.
Code 1858, § 2974 (deriv. Acts 1855-1856, ch. 71, § 1); Shan., §4702; Code 1932, § 8832; T.C.A (orig. ed.), § 25-107.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1999–2021 · leading case: First Volunteer Bank v. FMM Bushnell, LLC, No. 1:20-ap-01051 (Bankr. E.D. Tenn. Sept. 10, 2021).
First Volunteer Bank v. FMM Bushnell, LLC, No. 1:20-ap-01051 (Bankr. E.D. Tenn. Sept. 10, 2021). “Weaver looked to Section 25-1-106 for the extension of the limitations period in Section 25-1-105. McCullough 23 looked to Section 28-1-109 for the tolling of the limitations period for filing a tort action.”
Conister Trust v. Boating Corp. of Am. & Villas-Afloat, No. M1998-00949-COA-R3-CV (Tenn. Ct. App. Apr. 12, 1999). “Although the right of setoff is an exercisable prerogative, not a natural right conclusively established because the parties have claims against one another, In re Holder, 182 B.R. 770, 776 (Bankr. M.D. Tenn. 1995), BCA exercised that right, asserted its claim to setoff in a…”
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