Per Curiam.
The error assigned in this case is upon
Page 634
the same point raised in Ward v. Buell, 11 Ind. R. 327; and, for the reasons therein given, the judgment must be affirmed.
D. Moss and J. W, Evans, for the appellants.
S. Yandes and C. C. Hines, for the appellee.
The judgment is affirmed with 10 per cent, damages and costs.