Upon the authority of Moffatt v. Moffat, 10 Vt., we think the irregularities in this case are fatal, and that we could not regard the appearance of the libellee, at the taking of the testimony, as any waiver. He was justified in acting upon the sure side, in any contingency, as he could not know, that the court would not sustain the petition, notwithstanding these objections.

Petition dismissed.