When the defendant pleads a counterclaim to the plaintiff’s demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintiff on the claim in the action.
Ala. Code § 6-8-84
Effect of Statute of Limitations.
Applied in 2 court decisions — leading case 875 So. 2d 1185 - BE&K INC. v. Baker (2003)
Most recently applied in 875 So. 2d 1185 - BE&K INC. v. Baker (September 2003)
(Code 1867, §2647; Code 1876, §2996; Code 1886, §2682; Code 1896, §3732; Code 1907, §5863; Code 1923, §10177; Code 1940, T. 7, §355.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.