West v. West

RICHARDS, J.

The plaintiff commenced this action against her husband, the defendant, for divorce, alleging as the basis for the action the infliction upon her by the defendant of grievous bodily injury and grievous mental suffering amounting to extreme cruelty. She further alleged that she and the defendant were the owners and possessed of a large amount of community property, a portion of which consisted of real estate of the value of $7,500, which had theretofore been occupied by them as their family residence; and of personal property, consisting largely of promissory notes secured by mortgages, amounting in value, according to the information and belief of the plaintiff, to a sum in excess of $150,000; and that the defendant had also as his separate estate certain other personal property of a like character, alleged to be of a value in excess of $40,000, and from which community and separate estate he was deriving an income in excess of $1,000 per month. The plaintiff further alleged herself to be without any means for her support and maintenance and without the necessary means for the maintenance of her said action. She prayed that the bonds of matrimony existing between herself and the defendant be severed; that the real property and dwelling thereon be assigned to her; that the remaining community property be divided between herself and the defendant in such proportion as the court should deem

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just; that the defendant be required to pay such sum as the court should deem reasonable for the support of plaintiff during the pendency of this action and thereafter during her natural life, and that the defendant be further required to pay plaintiff’s attorneys’ fees and the costs and expenses incident to the prosecution of her said action. To this complaint the defendant filed an answer, denying the averments thereof as to any alleged cruelty on his part. He admitted the ownership of the dwelling-house property and the alleged value thereof, but denied that the same was community property, and, on the contrary, alleged that it and all of the other personal property of which the plaintiff alleged defendant to be the owner were his separate property. The prayer of his answer was that plaintiff take nothing by her said action. Subsequent to the filing of said answer the plaintiff, by leave of court, presented an amended and supplemental complaint, wherein she changed the nature and purpose of her action from one for divorce to one for separate maintenance. She repeated and amplified her averments with respect to the defendant’s various acts alleged to amount to extreme cruelty. She also repeated and amplified her averments with respect to property, alleging the dwelling-house to be of the cost value of $12,500, repeating her allegations as to the amount and value of the personal property held in possession by the defendant, and in addition thereto alleging that the defendant was concealing and refusing to reveal to the plaintiff the exact nature and value of said last-named properties, and was conveying and transferring large portions thereof to persons unknown to plaintiff, with the intent and purpose of depriving the plaintiff of her rightful share and interest therein, and was also conspiring to transfer a large part of said property beyond the jurisdiction of the court, with a view to rendering any judgment which might be made in respect thereto ineffectual. She therefore prayed for a decree of separate maintenance and that she be awarded the dwelling-house property and the furnishings thereof, and that the court award for her support and maintenance, the sum of $500 per month together with her costs and counsel fees incurred in the action. She further prayed for a restraining order preventing the defendant from concealing or disposing of any