Nelson v. Nelson

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 tried, but who was available as a witness before the case was decided. Under Rule 1-8 of this court such could have been done even after the entry of…