The appellee brought suit for a mandate :against the appellant, to compel him to issue a commission to the appellee as judge of the Criminal Circuit Court of Vanderburgh county. A demurrer for want of sufficient facts to the complaint was overruled, and this ruling alone is .assigned for error. No exception was taken to this ruling, .and, therefore, no question is presented in the record for ■our consideration.

The judgment is affirmed, at the costs of the appellant.