Schmitt

Plaintiff appeals on the judgment-roll from a judgment rendered in favor of defendant.

The complaint states an action in assumpsit for money had and received to the use and benefit of plaintiff by defendant Gibson, John Doe, Jane Doe, and Richard Doe. No service-was had and no appearance made by the defendants sued under the fictitious names inserted in the complaint. Gibson, answering for himself alone, denied the allegations of the complaint.

The findings are voluminous, and consist of a narration of facts connected with a fake pugilistic encounter which one-Maxwell, a cousin of Gibson, had arranged between two gen tlemen, one of whom was known as Mr. Casey and the other as Mr. McCormick. Plaintiff was made the dupe of his pretended co-conspirators, with whom he knowingly joined in an undertaking to swindle others, all of whom were in fact parties in a conspiracy with Gibson to separate plaintiff from $13,000 cash which he had derived from a sale of property. Plaintiff’s effort to “get rich quick” failed, and with an awakening conscience which enabled him to distinguish between right and wrong, and firmly believing that he had been wronged, he brought this action to recover…