In re Hobson

I concur in the conclusion of the majority opinion that a finding of dependency here is not supported by the finding of the referee and there is insufficient basis in fact for an adjudication of dependency.

The statute contemplates that the referee take testimony touching the charge, make findings thereon and the Court may, either upon the findings alone, or, after taking further testimony enter judgment. We may assume that the referee took considerable testimony and it may be possible that the Judge heard additional evidence. However that may be, there is no substantial dispute in the facts…