— The only questions which, under the rules of this court, are presented for our consideration, and which have not been waived by appellant, require’for their determination a review of conflict^ ing evidence. Under such circumstances, the judg*155ment of the trial court is conclusive, and on the authority of Nicholson v. Smith (1916), 60 Ind. App. 385, 110 N. E. 1007, the judgment is affirmed.