
    Arbuckle et al. v. McCoy.
    From the Rush Circuit Court.
    
      B. L. Smith, for appellants.
    
      Sleeth & Study and Sexton & Cambern, for appellee.
   Downey, C. J.

Where the court has improperly refused to grant a continuance, the ruling must be made a ground of a motion for a new trial, in order to present the question to this court, and then it must be done by assigning as error the overruling of the motion for a new trial. Carr v. Eaton, 42 Ind. 385, and cases cited; Buskirk's Pr. 224.

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