§56-5-8. Setoff as to part of demand; continuance.
140 words·~1 min read·
/wv/chapter-56-pleading-and-practice/article-5-payment-and-setoff/56-5-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.