Culver

The complaint alleges that on the first day of September, 1910, the defendant was indebted to Mrs. A. E. Culver, wife of the plaintiff, in the sum of $687.90, “the same being a balance of an open, current and mutual account,” etc., which said account is annexed to and made a part of the complaint; that on said first day of September, 1910, Mrs. Culver “sold, assigned and set over the said decount to this plaintiff. ’ ’

The answer denies that the defendant was at any time indebted to Mrs. Culver in any sum or amount, and also denies the alleged assignment of the account referred to in the complaint or of any account by Mrs. Culver to the plaintiff.

The court’s findings of fact were in favor of the plaintiff, and the court rendered and caused to be entered a judgment in accordance with said findings for the sum of $492.13.

The defendant has appealed to this court from said judgment and from the order denying his application for a new trial.

The defendant challenges all the findings, and furthermore charges that a number of rulings as to the evidence were erroneous and damaging to his rights.

The first and perhaps the most important point urged is that the evidence does not…