40 Wash. 656 | Wash. | 1905
On July 10, 1896, the respondent obtained a divorce from the appellant, for cause distinctly stated in
The appellant’s counsel contend earnestly that the conclusion reached by the court is erroneous, and that it is made to appear clearly by the record that the welfare of the children requires a change from their present surroundings. But while we might think these questions doubtful, even upon the record as presented to this court, we are met at the threshold of our examination with the fact that the evidence that was before the trial court, and upon which it based its conclusion, is not all in the record. In support of the petition and the denial thereof, affidavits and counter-affidavits were filed. These are in the record. But it appears that both parties agreed that the trial judge might examine the boys privately, apart from the parties and their counsel, and use the information that he might thus acquire in arriving at his conclusions. It appears that the judge availed himself of this consent; that he did examine the boys privately; and a perusal of his opinion shows that his conclusion was
Apparently appreciating the situation, the appellant, in her brief, assigns as error the manner in which these witnesses were examined, but plainly the appellant cannot suc^ cessfully complain in this court of that to which she consented in the court below.
The order appealed from is affirmed.