JAN. TERM, 1857. McGEE v. HUMPHREYS. At the same term the cause was submitted to a jury upon this issue, arid a verdict rendered for the appellee, upon which judgment was pronounced against the appellant for costs, etc. No question of law appears to have been reserved at the trial ; After final judgment was rendered by the court in pursuance of the verdict, the appellant, by his attorney, interposed his motion in writing for a new trial, assigning as ground "that the verdict was contrary to law and evidence, and unwarranted by the facts in the case." This motion was considered and overruled by the court, foi *which the appellant excepted, P5913 setting out in his bill all the testimony introduced at the trial. We do not consider it necessary to a decision of this cause, that we shall state the testimony introduced. Several witnesses deposed on each side, and from the evidence preserved in the bill of exceptions taken to the opinion of 5981 *McGEE the court overruling appellant's mo-V. tion for a new trial, it appears pretty HUMPHREYS. equally balanced in respect to the re-The rule that this court will not set aside the sponsibility of the appellee for the acts verdict of a jury upon the weight of evidence, as of his horse, undei the circumstances laid down iu Pleasants r. Heard, 15 Ark. 403; Rus-shown. sell v. Cady, sure., Id. 511, etc., approved. McGee appealed, upon which the Appeal from Pope Circuit Court. cause is uow depending in this court. HON. J. J. CLENDENIN, Circuit It is the peculiar province of the jury Judge. to pass upon the weight or preponder-Thomas Johnson, for the appellant. ance of testimony, and the credit to be given to witnesses who testify in IVilliams & Williams, for the appel. causes before them, and this court will lee. not presume to interfere with the ex-HANLY, J. This was an action on ercise of that right except in extreme the case, brought by the appellant cases, such, for instance, as where there against the appellee, in the Pope cir-is a total want of evidence to sustain cuit court, for the value of a mare, al-any material allegation in the declara-leged to have been killed by a stallion tion, or where the amount of the dam-of the appellee. ages, upon all the facts of the case, At the return term of Lne writ the shocks one's sense of justice, or where appellee appeared by attorney, and in-there is a total want of evidence to terposed the plea of the general issue sustain the verdict as a whole. See in short by consent, upon which issue Pleasants v: Heard, 15 Ark. R. 403; was taken by the appellant. Russell v. Cady, surv., same 541, and
VOL. 1& tbe uniform current of tbe adjudica-tions of this court on the same subject. The case before us not falling within the rule laid down, the judgment of the court below will be affirmed. Absent, Hon. C. C. Scott. Cited : —30-509.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.