In the second paragraph of the syllabus of the-■opinion filed in this case (ante, p. 92), it is intimated that the *805sufficiency of the evidence to support the judgment was first raised in this court. Our attention is called to the fact that on the motion for a new trial in the court below objection was made to the sufficiency of the evidence. We have, therefore, reviewed the testimony and find that it is sufficient to sustain the judgment. »