
    Ramsey v. Randall et al.
    Supreme Court. — Assignment of Error. — Where the overruling of a motion for a new trial is not assigned as error, the Supreme Court will not consider any error properly constituting a cause for a new trial.
    From the Marion Circuit Court.
    
      W. Morrow and N. Trusler, for appellant.
    
      E. T. Johnson, for appellee.
   Downey, C. J.

There are no questions presented by the assignment of errors in this case, except such as should have been stated as reasons for a new trial. The overruling of the motion for a new trial is not assigned as error. The case is like the case of Cole v. Burris, 38 Ind. 168; and for the reasons there stated the judgment must be affirmed. See Tyner v. Adams, 34 Ind. 401.

Judgment affirmed, with five' per cent, damages and costs.  