Lindinger v. LINDINGER

DISSENTING OPINION

Bowen, J.

I do not agree with the conclusion reached by the majority opinion in this case. In my opinion, the sufficiency of evidence of probative value in this record to support the verdict of the jury and the judgment in the court below is clearly established by the later decisions of the Supreme Court in Davis, Exr. v. Babb (1921), 190 Ind. 173, 125 N. E. 403, and of this court in Cooper v. Cooper (1948), 114 Ind. App. 261, 51 N. E. 2d 100, and Workman v. Workman (1943), 113 Ind App. 245, 46 N. E. 2d 718. However, while there is language within the earlier decision of…