Where the court has improperly refused to grant a continuance, the ruling must be made a ground *64of a motion for a new trial, in order to present the question to this court, and then it must be done by assigning as error the overruling of the motion for a new trial. Carr v. Eaton, 42 Ind. 385, and cases cited; Buskirk's Pr. 224.

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