§56-5-9. Status of defendant with reference to setoff; verdict and
A defendant who files a plea or account under this article
shall be deemed to have brought an action against the plaintiff (at
the time of filing the same) for the matters mentioned in such plea
or account, and the plaintiff shall not, after the plea or account
is filed, dismiss his case without the defendant's consent, but
shall be entitled to every ground of defense against the
defendant's demand of which he might have availed himself by
special plea or otherwise in any action brought against him upon
the same demand. On the trial of the issue in such case, the jury
shall ascertain the amount to which the defendant is entitled and
apply it as a setoff against the plaintiff's demand, and, if such
amount be more than the plaintiff is entitled to, shall ascertain
the amount of the excess, including principal and interest.
Judgment in such case shall be for the defendant against the
plaintiff for such excess, with interest from the date of the
judgment till payment.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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