This suit was brought originally by Charles H. Weeden in the Franklin Common Pleas against Hariett W. Weeden for divorce.

The judgment of the Common Pleas granting the divorce to Charles H. Weeden was reversed by the Court of Appeals on the ground that the decree was contrary to the weight of the evidence.

Charles Weeden in the Supreme Court contends: that the Court of Appeals could not reverse a decree solely for the reason that the decree was contrary to the weight of evidence.