Harrison v. State Banking & Trust Co.

Citations

• 15 S.D. 304
• 89 N.W. 477
• 1902 S.D. LEXIS 7

Syllabus

<p>1. A general objection to the admission of evidence on the ground that it is incompetent, irrelevent, and immaterial will not be considered on appeal where it might have been obviated at the time had a specific objection been made.</p> <p>2. In an action by plaintiff alone to recover money overpaid by him on a mortgage given by himself and wife on his wife’s property, the amount due on another mortgage, assumed by the wife as part of the purchase price of the property involved, cannot be offset, because she is not a party.</p> <p>3. The amount due on such mortgage cannot be offset where not pleaded as a defense by way of counterclaim or otherwise.</p>