306 CASES IN THE . SUPREME COURT [VOl. 21 Memphis & St. Fiancis Plank Road Co. vs. Banere & Brown. [May MEMPHIS & ST. FRANCIS PLANK ROAD CO. VS. BANERE & BROWN This court will not grant a new trial, on the evidence, where there is not a total want of evidence to sustain the finding.
Vol. 21] OF THE STATE OF ARKANSAS. 307 Term, 1860.] Memphis and St. Francis P. R. Co. vs. Banere & Brown. Appeal front Phillips Circuit Court. Hon. George W. Beazley, Circuit Judge. . Alexander, for the appellant. Fowler & Stillwell, for the appellee. Mr. Justice Compton delivered the opinion of the Court. This case originated before a justice of the peace, and was brought by appeal into the Circuit Conti-, where, on trial de novo, the appellees recovered judgment. It is urked in argument here, that the evidence does not sustain the finding of the Circuit judge, wh& tried the case sitting as a jury. Upon looking into the record, we do not perceive a total want of evidence to support the finding; and therefore, according to the settled practice of this court, the finding will not be disturbed. Let the judgment be affirmed with costs.
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