WITNESSES. CREDIBILITY. Continued.

4. When his testimony may be disbelieved by the jury. The jury are at liberty to disbelieve the evidence of a witness who has been impeached in any of the modes recognized by law for impeaching wit nesses, which may include not only direct contradictions and evidence of bad character, but also the inherent improbabilities of his statements, and his manner and appearance while testifying; but they can not go beyond this, and determine for themselves that other circumstances, not within legal contemplation, tending to impeach the witness, show that his evidence is impeached, and therefore entirely disregard it. Hartford Life and Annuity Insurance Co. v. Gray et al. 28.

5. How weight of testimony to be determined by jury. The effect of testimony may depend in some degree on circumstances other than those which are regarded as directly tending to impeach a witnesssuch as his opportunity for knowing that to which he testifies, the strength or weakness of his memory, his interest in the question, and even his temperament—but here also the jury are limited, and can only consider those circumstances which in human experience are known to affect perception, memory and judgment. Ibid. 28.

6. Testimony of, can not be wilfully disregarded unless impeached. A jury can not wilfully disregard the testimony of an unimpeached witness; whilst they may judge of the credibility of a witness, they must exercise judgment and not merely their will, in doing so. Ibid. 28.

7. Jury can not arbitrarily disbelieve the testimony of witnesses. The proposition that the jury have the right to disbelieve such witnesses as, in their judgment, under all the circumstances of the case, are unworthy of belief, is not the law. The jury, although they are the judges of the credibility of witnesses, have no right to arbitrarily disbelieve the testimony, unless where the witness has wilfully and knowingly sworn falsely to material facts in the case. Evans v. George et al. 51. SUBSCRIBING WITNESS.

As to proof of execution. See EVIDENCE, 25.

WRIT OF ERROR.

WHEN IT LIES.

1. Interlocutory decree. A decree simply appointing a receiver and settling no rights, is interlocutory, and a writ of error will not lie to reverse it. Coates v. Cunningham, 467.

AS NOTICE OF CLAIM.

2. Is not, until sued out. See PURCHASER, 3.