Root v. Wolff
This text of 84 P. 1134 (Root v. Wolff) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the action on the note defendants pleaded a set-off. In submitting the case the court in one instance stated that the defendants claimed a credit on the note. The credit was in fact claimed in the action by reason of an alleged set-off, the character of which was fully stated. Defendants did ask- that 'the set-off should be applied on an acknowledged indebtedness, and therefore the statement that a credit was claimed on thp note was not prejudicial.
No error was committed in placing the burden of proof on the defendants to establish the claimed set-off.
There is no good reason to complain of the rulings on the admission of testimony, nor in denying the motion for a new trial.
The judgment is affirmed.
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Cite This Page — Counsel Stack
84 P. 1134, 73 Kan. 777, 1906 Kan. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/root-v-wolff-kan-1906.