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73 Kan. 777

Root v. Wolff

Supreme Court of Kansas

Decided April 7, 1906

Supreme Court of Kansas · decided 1906-04-07

<p>Error from Morris district court; Oscar L. Moore, judge.</p>

Affirmed · Decided 1906-04-07

Per Curiam:

¶1In 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.

¶2No error was committed in placing the burden of proof on the defendants to establish the claimed set-off.

¶3There is no good reason to complain of the rulings on the admission of testimony, nor in denying the motion for a new trial.

¶4The judgment is affirmed.

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