Com. Ex Rel. Mark v. Mark

Per Curiam,

This was a writ of habeas corpus issued at the relation of Claire Mark against her husband, Joseph DeRoy Mark, for the custody of their five year old son.

The judge of the municipal court, who heard and decided the matter, based his decision in part “upon information derived by interviewers of our court and the probation officers.” This he had no right to do unless the persons from whom such information was derived were called as witnesses and testified, subject to cross-examination: Com. ex rel. Ritter v. Ritter, 91 Pa. Superior Ct. 563. We said in that case: “In the opinion filed…