Marshall v. Marshall

Decided November 17, 1920

Indiana Court of Appeals · decided 1920-11-17

<p>Appeal.— Review.— Evidence.— Weight and Sufficiency. — Where the trial court’s finding is supported by some evidence, although in part conflicting, it is conclusive on appeal, the appellate court not being required to weigh conflicting evidence.</p>

Cited by 2 later decisions — most recently April 1927

2 state decisions

Relies on Fisher v. Carey · Dannhauer v. Young · Ruoff v. Dowerman

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1920-11-17

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Enloe, P. J.

¶1The only question presented for our consideration on this appeal relates to the sufficiency of the evidence to support the finding of the trial court.'

¶2There is evidence in the record to support said finding, and, while some of the evidence is conflicting, we are not required to weigh it. The finding and judgment of the trial court is conclusive thereon. Ruoff v. Dowerman (1919), 69 Ind. App. 460, 122 N. E. 361; Dannhauer v. Young (1919), 73 Ind. App. 651, 122 N. E. 589; Fisher v. Carey (1918), 67 Ind. App. 438, 119 N. E. 376.

¶3Judgment affirmed.