| Mo. | Oct 15, 1858
delivered the opinion of the court.
There is no point of law saved in this case, except the overruling by the court of the defendant’s motion for a continuance. The only ground in this motion was, that the suit was not triable at the first term, it being an action upon a note by the assignee against the makers and the assignment being denied. The judgment is affirmed with ten per cent, damages.