Smiley v. Smiley

The appellant appeals from a judgment granting a divorce to the appellee and assigns as error the overruling of her motion for new trial which asserts that the decision of the court is -not sustained by sufficient evidence and is contrary to law, and the overruling of appellant’s demurrer to appellee’s complaint.

In our consideration of the first assigned error we may consider only that evidence most favorable to appellee, Wharton v. Wharton (1941), 218 Ind. 345, 32 N. E. (2d) 695, and if that evidence is sufficient in law to sustain-the decision of the trial court we are not at liberty to…