
    Smith and Another v. Elsas and Another.
    APPEAL from the Marion Common Pleas.
    
      JR. Z. Walpole, for the appellants.
    IF. Henderson, for the appellee.
   Per Curiam,

It is claimed in this case that the damages were excessive; that the judgment is for too much. Excessive damages is a ground for a new trial in the Court below; but it must be moved for in that Court. Such motion was not made in this case. No exceptions were taken below.

The judgment is affirmed, with 1 per cent, damages, and costs.  