Nebraska § 25-1316 - Judgment upon counterclaim or setoff.
Full text of Nebraska Revised Statutes of Nebraska § 25-1316 — Judgment upon counterclaim or setoff., with citation guidance and answers to common questions.
§ 25-1316. Judgment upon counterclaim or setoff.
If a counterclaim or setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess; or, if it appears that the defendant is entitled to any affirmative relief, judgment should be given therefor.
Where offsetting claims and counterclaims were tried separately, the final judgment did not occur until all claims were adjudicated and both jury verdicts were accepted by the district court. VKGS v. Planet Bingo, 309 Neb. 950, 962 N.W.2d 909 (2021).
It is approved practice for the judgment entry to show findings of the verdict for each party for computations of the judgment for excess. Crete Mills v. Stevens, 120 Neb. 794, 235 N.W. 453 (1931).
Plaintiff's claim and counterclaim should be disposed of in one trial. Miller v. McGannon, 79 Neb. 609, 113 N.W. 170 (1907).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 25-1316
What does Revised Statutes of Nebraska § 25-1316 cover?
Section 25-1316 ("Judgment upon counterclaim or setoff.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 25-1316?
A common citation format is "Revised Statutes of Nebraska § 25-1316" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 25-1316 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.