NELSON v. NELSON

No. 29,233.

233 Ind. 603 (1954)

121 N.E.2d 883

NELSON v. NELSON.

Supreme Court of Indiana.

Rehearing denied November 15, 1954.


Attorney(s) appearing for the Case

Thomas C. Stiffler, of Danville, Illinois, and Edward L. McCabe, of Williamsport, for appellant.

Ringer & Ringer, of Williamsport, for appellee.


DRAPER, J.

The court is in agreement that the evidence was sufficient to sustain the decision of the trial court.

But the fact question which the trial court was required to decide was a close one at best, and a majority of the court, as represented by this writer and Bobbitt and Gilkison, JJ., are unable to avoid the feeling that the court should have heard the testimony of Switzer, who was unavoidably absent in the service of his country when the case was...

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