The Common Pleas has given its judgment on facts •depending upon conflicting evidence. It is assigned as error in law, that the fact was different from what they found. This cannot be; error in fact cannot be so tried. The judgment is affirmed.

[Acts of courts other than law proceedings reviewable on error; Smith v. Pratt, 13 O. 548, 550. Finding of facts by court not reversible on error, followed; Markle v. Akron, 14 O. 586, 592.]