There are no questions presented by the assignment of errors in this case, except such as should have been stated as reasons for a new trial. The overruling of the motion for a new trial is not assigned as error. The case is like the case of Cole v. Burris, 38 Ind. 168; and for the reasons there stated the judgment must be affirmed. See Tyner v. Adams, 34 Ind. 401.

Judgment affirmed, with five' per cent, damages and costs.