167 A. 813 | Conn. | 1933
This is a habeas corpus proceeding brought by the plaintiff to secure the custody of the two children of the parties, formerly husband and wife but now divorced. The children are girls aged six and seven years. In such an action it is permissible and often wise to allow a wider scope in the admission of evidence of facts and circumstances than is permitted in ordinary actions, in order to give to the court the broadest possible basis upon which to determine the paramount issue, what course will best serve the welfare and happiness of the children involved. Mullins
v. Becker,
In the instant case, the trial court permitted the defendant himself to quote orally a brief extract from a written decree in the Paris court in which the divorce of the parties was secured, and to give in a summary way the contents of certain written statements filed apparently in that court, and of the report of a police inquiry and also of a private investigation in that city. All these were seriously derogatory of the character of the plaintiff. The decree of the Paris court, if admissible at all, could be proved only by a copy and that copy should be of the entire decree and not of a small portion of it; Waterbury Lumber Coal Co. v. Hinckley,
The appellant's brief contains certain reflections upon the trial court which would have required us to refuse to receive it in its present form had the matter been called to our attention at the hearing. We have, however, decided to take no action in regard to it except for this comment, trusting that counsel will not again err in such a way.
There is error, the judgment is set aside and a new trial ordered.
In this opinion the other judges concurred.