A mortgage was foreclosed on personalty; and an affidavit of illegality was filed by tlie mortgagor. By consent the case was submitted to the judge to pass-on all questions of law and fact, without the intervention of a jury. Judgment was rendered in favor of the plaintiff, for $545.60 principal, $54.65 interest to date, and all future interest at the rate of 8 per cent, per annum, and costs of suit. The defendant excepted to this judgment; also to the admission of certain documentary evidence, contending that it was irrelevant. There was some evidence, outside of this alleged illegal evidence, which authorized the judgment; and it is not made to appear that the admission of such documentary evidence, even if it were irrelevant, wasp harmful to the plaintiff in error.

Judgment affirmed.