Section 9-13-76. Execution by defendant after setoff

   In all cases of mutual debts and setoffs where the jury finds a balance for the defendant, the defendant may enter judgment for the amount and take out execution in the manner as plaintiffs may do by this Code, provided that the defendant at the time of filing his answer files therewith a true copy or copies of the subject matter of such setoffs.

Laws 1799, Cobb's 1851 Digest, p. 487; Code 1863, § 3398; Code 1868, § 3417; Code 1873, § 3469; Code 1882, § 3469; Civil Code 1895, § 5088; Civil Code 1910, § 5672; Code 1933, § 39-606.