The  court  below  was  right  in  giving  the  second  charge ;  the
instruction  is  in  the  exact  language  of  one  of  the  greatest  legal
authors.  2  Greenleaf,  §  43,  p.  33 ;  Turton  v.  Turton,  Hagg.
Eccl.  Rep.,  350.
The  fourth  charge  for  defendants  was  properly  refused;  it
states  no  principle  of  law,  but  leaves  the  law  to  be  determined
by  the  jury.
The  authority  referred  to  to  sustain  the  instruction,  on  exami-
nation, will  be  found  inapplicable ;  and  the  term  ^^  husband  and'
wife  "  19  used  only  by  way  of  illustration  of  a  principle,  and  not
as  making  a  principle.  State  v.  Jolly  and  Whitely,  3  Dev.  &
Battle.
The  granting  of  a  new  trial  rests  in  the  sound  discretion  of
the  court  below,  as  held  by  this  court  (Door  v.  Watson,  28  Miss.,
383) ;  and  this  court  will  not  interpose  unless  there  is  a  clear
violation  of  right,  and  the  truth  and  justice  of  the  case.  1  S.  &
M.,  381.  It  will  not  disturb  the  verdict,  though  found  contrary
to  a  portion  of  the  evidence.  10  S.  &.  IL,  313 ;  12  ib.,  608 ;
14  ib.,  624-7-8.
Pbttoh,  J. :
The  record  in  this  case  shows  that  the  plaintiff  in.  eixnr  were^


1668  Oabotti  sr  al.  v.  Statb.  [42  Miss.
