Fitzgerald v. McDonald

Defendant in error brought suit against plaintiff in error in the district court, and the parties will be referred to here as there. The action was to recover damages for false and fraudulent representations alleged to have been made by defendant to plaintiff. Trial to the court' without a jury, judgment for plaintiff for $100, and for the return to plaintiff of a certain promissory note and chattel mortgage. Defendant prosecutes this writ of error and applies for supersedeas.

As defendant’s principal contention is that there is a material variance between the allegations of the complaint, the…