This action was tried in the superior court of Shawnee county, before the judge and a jury. The court sustained a demurrer to the evidence of the defendant, and directed the jury to find a verdict for the plaintiffs. The defendant below, plaintiff in error, filed no motion for a new trial. Therefore the judgment must be affirmed. (Pratt v. Kelley, 24 Kas. 111; Gruble v. Ryus, 23 id. 195, and cases therein cited.)