Ex parte Ambrose

McKinstry, J. On the 24th of June, 1886, Mary 0. Ambrose, wife of the petitioner, commenced an action for the dissolution of the bonds of matrimony. In her complaint,' after alleging facts showing extreme cruelty, she alleged that the defendant in said action, the petitioner herein, was' a man of large means, and the owner of tracts of land therein described, of very great value,— of the value of between five hundred thousand and six hundred thousand dollars.

The prayer is for a divorce, and an injunction restraining defendant from disposing of his property pendente lite; that such portion of the property of defendant as the court might, on the hearing, think should be dis[399]tributed to her be adjudged and decreed to her; that reasonable alimony be allowed her for her support during the pendency of the action; that costs and counsel fees for plaintiff be forthwith paid by defendant; that in the final judgment there be adjudged to the plaintiff such portion of the property of defendant as might be deemed just, and for other and further relief, etc.

The action was called for trial in the Superior Court, and testimony taken therein in the months of August and September, 1886; and on the 27th of said September, the court filed findings of fact and the conclusion of law that the plaintiff was entitled to a divorce, with the further order:—

“All questions as to property are hereby reserved, and the cause is now referred to B. A. Reynolds, Esq., as referee herein, to take such testimony as the respective parties may offer upon the question of property, and to report to this court:—

“ 1. What is the common property of plaintiff and defendant?

“ 2. What is the separate property of plaintiff, and the present income of said separate property ? ■

“ 3. What the separate property of the defendant, and the present income of said separate property ? .

“And also to report to this court all testimony taken before him.”

On the 30th of December, 1886, and while the reference was pending, the Superior Court filed additional findings of fact and a conclusion of law as follows: “ And as conclusion of law the court finds that the plaintiff is entitled to a judgment for divorce from defendant, on the ground of extreme cruelty”; and ordered, “Let judgment be entered accordingly; all questions as to property being reserved.” (Signed by the judge.)