| Kan. | Jul 15, 1894
The opinion of the court was delivered by
The defendants in error, Hatton and Ruggles, brought suit against Emil Werner and Rosa Werner, before a justice of the peace, to collect a balance of attorneys’ fees of $191. The case was appealed to the district court, tried by a jury, and a verdict and judgment rendered in favor of the plaintiffs for the amount claimed. The defendants claim that the evidence shows that the account sued on did not belong to the plaintiffs. The evidence does show that the account belonged to the plaintiffs at the time suit was brought, and was afterward assigned by them, but to whom it was assigned is not shown. Section 40 of the code expressly provides that in case of a transfer of the claim sued on the action may be continued in the name of the original party. With reference to the $25 check for which defendants claim credit, there is evidence showing that it was paid to Mr. Ruggles on his individual account, and not on firm account at all. The individual note of H. G. Ruggles, which it was sought to set off against the account, was clearly inadmissible in evidence.