Dash v. Rubey

Opinion by

Mr. Justice Knauss.

The parties are here in the same order they appeared in the trial court, and we will so refer to them.

Plaintiff as administratrix of the estate of one Dash instituted the action, pursuant to direction and order of the County Court of Otero County, where the estate was being probated, against defendant, to recover $5,726.32. Defendant admitted this amount was due, but claimed an offset of $5,235.86. The trial court allowed the offset and rendered judgment against defendant for $490.46. Plaintiff is here asserting error in allowing the offset.

There is no dispute as…