
    William Davis v. M. L. Steinberger’s Admr.
    Appeal and Error — Conflicting Testimony — Verdict Will Not be Disturbed.
    "Where there is an apparent diversity in the evidence the court of appeals will not disturb the verdict of twelve jurors who saw and heard the witnesses.
    APPEAL FROM HICKMAN CIRCUIT COURT.
    November 27, 1869.
    Lindseys, Bullock, for appellant.
    
    
      Lindsay & Moss, for appellee.
    
   Opinion of the Court by

Judge Robertson:

The testimony is vexatiously conflicting on the decisive question of identity. That of Hall who raised the appellee’s mule and of Zimmerman who sold it to Steinberger,' is so positive and explicit as to its peculiar identifying marks, as to incline the preponderance in the appellee’s favor. But however this may be, there is such an apparent diversity as not to allow this court to disturb the verdict of twelve jurors who saw and heard the witnesses. Wherefore the judgment is affirmed.  