This case was the subject of earnest debate on the hearing, but a careful examination of the record fails to disclose any ex-ceptive assignment of error of sufficient merit to warrant a reversal or disturbance of the judgment.

The evidence taken before the referee, and considered by the judge in ruling upon the exceptions, is not incorporated in the case on appeal, and we cannot say that there is error in the judgment. None appears on the face of the record.

Affirmed.