§56-5-8. Setoff as to part of demand; continuance.
If the defendant file a plea or account of setoff which covers
or applies to part of the plaintiff's demand, judgment may
forthwith be rendered for the part not controverted and the costs
accrued until the filing of the plea or account, and the case shall
be proceeded with for the residue as if the part for which judgment
was rendered had not been included therein. And if, in addition to
such plea or account, the defendant plead some other plea, going to
the whole or residue of the demand, the case shall not be continued
as to the part not controverted by plea or account of setoff,
unless good cause be shown for such continuance. A failure to take
such judgment, however, at the term the plea or account is filed,
shall not effect a discontinuance of the cause.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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