wbicb to try tbe issues of fact raised by tbe exceptions to tbe report, wbicb exceptions bad been approved by tbe judge and submitted to tbe jury. In tbe motion for a new trial tbe question is raised whether tbe jury bad a right, under tbe same evidence, to find differently from tbe, auditor. It will be seen that under tbe act above quoted from, when tbe judge approved tbe exceptions and submitted them to tbe jury, no other evidence was- to be read before them than that reported by tbe auditor, unless it was newly discovered evidence. In this case there was no newly discovered evidence. If tbe jury could not disagree witb tbe auditor and make a different finding upon tbe facts, what would be tbe use of submitting tbe same facts to them? It was certainly not contemplated by tbe act that they should be mere figureheads, to register tbe findings of tbe auditor. In our opinion tbe act contemplated that a jury might reach a different conclusion from tbe auditor upon tbe same evidence, and should be authorized- to find accordingly. If this, were not so, tbe trial of tbe issues made by tbe exceptions of fact would be a mere farce, and it would be a waste of the time of tbe court and country to submit tbe case to tbe jury.
4. There was evidence wbicb would authorize tbe jury to find as they did, and tbe trial judge being satisfied witb their verdict, this court will not interfere witb it.
Judgment affirmed.