No. 67—2181.

#### Nelson Morris v. Lawrence Litchfield et al.

This case was before the court on a former appeal, and is reported in 14 Bradwell, 83. The judgment was then reversed and the cause remanded for a new trial. Upon the second trial new and further testimony was introduced on behalf of the plaintiffs, which, if believed by the jury, was sufficient to Support the verdict in favor of the plaintiffs, which was found. The question of the credibility of witnesses is so peculiarly a matter within the province of a jury to determine, that appellate courts will not, except in very rare cases, interfere with the verdict. The judgment of the court below is affirmed.

Judge below, Elliott Anthony.

Attorneys, for appellees, Messrs. Frank J. Smith & Helmer ;

for appellant,Mr. John 0. Richberg.

Opinion filed Jan. 6, 1886.

Opinion by McAllister, J.