Schuler v. Collins

Citations

• 63 Kan. 372
• 65 P. 662
• 1901 Kan. LEXIS 154

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Bight of Set-off. The mere existence of mutual judgments, though rendered in the same court and about the same time, does not entitle a party to an order or judgment setting one of them off against the other upon demand.</p> <p>2. -A Matter for Equitable Consideration. Whether the power to set off judgments shall be exercised is to be determined in every case upon equitable considerations, and it will never be done where it will operate as an injustice or infringe upon the substantial rights of others.</p> <p>3. -- Laches of Applicant for Set-off. Where the right of set-off was not asserted for more than three years after the judgments were rendered, nor until other rights had intervened, and where the party had neglected to avail himself of the special security decreed to him with which to satisfy his judgment, the ruling of the court refusing to adjudge a set-off will not be reversed.</p> <p>4. Practice, District Court — Seasonable Bule. The district courts have authority to make necessary and reasonable rules governing the transaction of business therein, and a rule requiring that parties who desire the court to state in writing its findings of fact separately from its conclusions of law shall request the same at the commencement of the trial is not unreasonable or illegal.</p>