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Revised Statues - Chapter 25 Courts, District; Civil Procedure

25-814: Failure to include counterclaim or setoff; effect.

If the defendant omits to set up the counterclaim or setoff, he cannot recover costs against the plaintiff in any subsequent action thereon; but this section shall not apply to causes of action which are stricken out of or withdrawn from the answer, as provided in sections 25-815 and 25-834.