1. The overruling of a demurrer to a petition, even if erroneous, is not a proper ground of a motion for a new trial.

2. This court will not disturb a judgment denying a new trial, when the only grounds of the motion therefor which can be considered are that the verdict was contrary to law and the evidence, and it appears that there ■ was sufficient evidence to -warrant the finding of the jury.

Judgment affirmed.