Shuttleworth v. Shuttleworth

We find numerous errors in the receipt of evidence which, in view of the sharply-contested issues herein, require a reversal.

*441The referee improperly considered the affidavits attached to the petition. This was accentuated by the fact that the defendant had no opportunity to answer these affidavits. The referee improperly received the testimony of the respondent concerning alleged statements made to him by his children with respect to appellant’s alleged misconduct. Having received this testimony, the referee further erred in restricting cross-examination of respondent with relation to the…