King v. De Coursey

The errors .assigned in this case are as follows:

“(1) The court erred in ordering judgment to be entered and rendering judgment against said defendant, Edward J. King, and in favdr-of said plaintiff, for the sum of $250 damages. (2) The court erred in render*464ing judgment for said or any sum in favor of said plaintiff and against said defendant. (3) The judgment is contrary to the law and testimony in said cause. (4) The judgment should have been for defendant and against said plaintiff.”

The point relied upon for a reversal is that there was a variance between the complaint and the evidence,…