Suit on bond, setoff pleaded by obligor--costs, how adjudged.

521.120. In any suit on such bond, any obligor may availhimself of any setoff or counterclaim he may have against theparty to whose use the suit is brought, with the same effect asif such party were the plaintiff; and if such setoff orcounterclaim shall exceed in amount the damages proved in behalfof such party, judgment shall be rendered against him in favor ofthe defendant setting up the setoff or counterclaim for theamount of the excess and all proper costs.

(RSMo 1939 § 1449)

Prior revisions: 1929 § 1285; 1919 § 1736; 1909 § 2305