
    Miller and Others v. Powers and Others.
    A party can’t say there was error in trying his cause without an answer, after he has refused to answer and consented to trial.
    APPEAL from the Allen Common Pleas.
    
      W. F. Smith, for the appellants.
   Per Curiam.

The only point made is that the Court erred in trying the case without an answer. The record shows that upon overruling the demurrer of defendants they refused to answer, and agreed to the submission of the case to the Court-to assess the damages.

The judgment is affirmed, with five per cent, damages and costs.  