[1] Employer and Employee—Bight to Quit.—In the absence of contract, the right of a workman to quit his employment is as absolute as the right of a fellow-employee to remain in the employment, or of another workman to take the place vacated by the one who has quit, or the right of the employer to dispense with an employee’s services.

[2] Id.—Bight to Induce Others to Quit.—It is lawful for an employee who has quit to peaceably persuade a fellow-employee to leave his position, and if there are a number of employees who have left a common employer, they are within their legal rights if and when they attempt as a group to persuade other employees, who continue to work, to quit, provided there be no force, violence, or intimidation, physical or moral, used, since the mere fact of numbers does not necessarily make such persuasion illegal.

[3] Id.—Unlawful Acts—Injunction.—Where violence, threats, or intimidation are used in an effort to induce another to quit his employment, the acts of- an individual or a number of individuals are unlawful and may be enjoined, and it is not necessary to the ¡( enjoining of such acts that it be shown there was actual force or * expressed threats of physical violence used.

[4] Appeal—Evidence—Scope of Beview.—It is not the province of the appellate court to weigh the evidence nor to determine the credibility of the witnesses, hut only to decide whether the evidence, as matter of law, supports the findings.

[5] Injunction — Conspiracy of Striking Employees — Injury to Employer’s Business—.Sufficiency of Evidence.—In this action to enjoin a union and certain of its individual members, who were striking employees of the plaintiff, from picketing plaintiff’s place of business, molesting its employees and otherwise interfering with its business, the evidence is held sufficient to support a finding that the defendants had entered into a conspiracy with the design and for the purposes alleged and found.

2. What is unlawful interference or intimidation in strikes, note, 61 Am. St. Rep. 706.

Bight, in aid of strike, to employ peaceable persuasion to induce persons not under contract to quit, or not accept employment, note, 41 L. R. A. (N. S.) 445.

[6] Id.—Acts not Unlawful—Judgment.—In such an action, the placing of pickets near plaintiff’s place of business for a purpose not at all connected with such business, and not for the purpose of intimidating employees of plaintiff, so as to coerce them to quit their employment, nor for the purpose of intimidating persons intending to become employees, so as to prevent them from doing so, cannot appropriately be enjoined, since such an act would not be wrongful as against the plaintiff and would not be calculated to injure the plaintiff’s business.

[7] Costs—Appeal—'Modification of Judgment.—Where the obvious purpose of an appeal in an action for an injunction was to obtain a positive reversal, and the judgment was modified but without substantially changing its important features, the appellants cannot recover costs.

fi. Legality of picketing in connection with industrial disputes, notes, 13 Ann. Cas. 60,- Ann. Cas. 191SE, 54; fi A. L. R. 928; 4 Is. R. A. (N. S.) 302; 50 L. R. A. (N. S.) 412.