The only errors complained of in the petition in error relate to matters on the trial for which a new trial was prayed for. The action of the trial court in overruling the motion for a new trial is not assigned for error; therefore no question is properly raised in this court for our consideration. (Carson v. Funk, 27 Kas. 524; Clark v. Schnur, 40 id. 72; City of McPherson v. Manning, 43 id. 129.) The judgment of the district court will be affirmed.-