This was an action by Crull against Zehnor upon promissory notes for the payment of 207 dollars. The defendant’s answer contains three paragraphs. The *548first is a general denial. The second and third set np new matter in defense of the action, to which the plaintiff replied. Defendant demurred to the replies; but his demurers were overruled. Verdict for the plaintiff. New trial j’efused, and judgment.

The action of the Court in overruling the demurrers is assigned for error; but as no exception to that ruling appears to have been taken in the Circuit Court, the objection to the replies cannot be raised in this Court. 8 Ind. R. 96. —9 Id. 117. Another objection is raised to the ruling of the Court, by assignment of error; but the appellant has faffed to notice the point made in a brief; hence it will be considered as waived. Rule 28. — Ind. Dig. 722.

The judgment is affirmed with 5 per cent, damages and costs.