Plaintiff has judgment. Defendant says that it is invalid because one of the jury commissioners was not sworn when the panel was drawn from which came the jury that tried the issue. The question is properly raised by exceptions to the overruling of motions attacking the legality of the jury In State v. Medley, (36 W. Va. 216, we held that it is proper to overrule such attack. Points 1 and 2 of the syllabus in that case control here. The judgment will be affirmed.

Affirmed.