
    A. M. Root et al., as Partners, etc., v. C. J. Wolff.
    No. 14,553.
    (84 Pac. 1134.)
    Promissory Note — Set-off. In an action on a note, to which defendants pleaded a set-off, judgment for plaintiff affirmed.
    Error from Morris district court; Oscar L. Moore, judge.
    Opinion filed April 7, 1906.
    Affirmed.
    
      Nicholson & Pirtle, for plaintiffs in error.
    
      John Maloy, for defendant in error.
   Per Curiam:

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.  