Vonville v. Dexter

ON PETITION FOR REHEARING

Royse, J.

The appellee, in his petition for rehearing, says that in our opinion we have transgressed the well-established rule that an appellate tribunal cannot weigh the evidence and thereby substitute its decision for that of the trial court. He bases his contention on the answer the husband made to certain questions propounded by appellee’s attorney at the conditional examination of the husband before the Referee in Bankruptcy for the Northern District of Indiana in the matter of the husband’s bankruptcy. These.questions and answers are as follows:

“Q. Mr. Vonville,…