Suit commenced and tried before a justice of the peace. Mutual accounts filed by the parties. *267Judgment for the defendant for 1 dollar and 60 cents. Appeal by the plaintiff to the Circuit Court. Trial there, and judgment for the defendant for 5 dollars. Appeal by the plaintiff to this Court.

The question is upon the weight of evidence. The counsel for the plaintiff reviews it, and comes to the conclusion “that a sum greater than 4 dollars is due the plaintiff in this cause,” while, as we have seen, there was judgment for 5 dollars against him.

The judgment below may be wrong, but, if the case is one of which we have jurisdiction, we can not, consistently with a multitude of decisions heretofore made in this Court, disturb it. The evidence is somewhat conflicting. A view may be taken of it that will sustain the judgment. The question of weighing, and believing and disbelieving, was with the jury. 3 Blackf. 304.—5 Ind. E. 514.

The judgment is affirmed, with 1 per cent, damages and costs.