This cáse presents merely questions of fact as to which the evidence was, to say the least, fairly conflicting. This court ought not to be burdened, in the performance of its duty to important litigation, by the necessity of examining such questions. Counsel ought to be able to restrain clients from the bringing of such necessarily futile appeals. We discover no clear preponderance of evidence against the findings of the trial court.

■By the Court. — Judgment affirmed.