— The affidavits on which the appellant claims, a new trial, on the ground of newly-discovered evidence,, are not made a part of the record by a bill of exceptions.. Counsel claim no other error. The judgment must therefore be affirmed. Williams v. Potter, post, p. 354; Matlook v. Todd, 19 Ind. 130; Horton v. Wilson, 25 Ind. 316; Burnett v. Overton, 67 Ind. 557; Fryberger v. Perkins, 66 Ind. 19; Berlin v. Oglesbee, 65 Ind. 308; Buskirk’s Practice, 241.

Judgment affirmed, with costs.