
    Herrick v. Bunting.
    Practice. — Supreme Court. — The court refused to consider the errors assigned because they related to matter which would have been ground for a new trial below, and the action of the court in overruling the' motion for a new trial was not assigned for error. •'
    APPEAL from the Porter Common Pleas.
   Elliott, J.

The errors assigned in this case relate exclusively to matters properly presented as causes for a' new trial. A motion for a new trial was made and overruled, but that ruling is not assigned as error. The questions discussed by the appellant's counsel are therefore not properly befoz’e us, and hence we cannot pass upon them.

J. E. McDonald, A. L. Doache, T. J. Merrijiéld and W. ID Galkins, for appellant.

S. I. Anthony, F. Church, S. E. Perkins, D. Jordan and S. E. Perkins, jr., for appellee.

The judgment is affizuned, with costs.  