Questione giuridica chiave
Whether the appeal should be allowed and the first-instance judgment set aside for failure to take party evidence in an identity-determination case.
Decisione estratta
The appeal was partly upheld; the first-instance decision had to be set aside and the matter remanded for a new decision after taking the appellants' party examination.
Motivazione estratta
In this atypical summary proceeding under the rules of voluntary jurisdiction, the court held that the full standard of proof and the inquisitorial principle applied. Because no probative documents existed and credibility was central, the first instance had to personally hear the appellants; refusing the requested party examination without adequate reasons was erroneous.