Flora A. Smith v. M. H. Smith

BROWN, C. J. -- This was a divorce suit brought by the husband against the wife upon the grounds of extreme cruelty and habitual indulgence in violent and ungovernable temper. The wife filed an answer and counter claim denying the allegations of the bill and making charges against the husband of conduct of a somewhat similar nature to that charged against her, and praying alimony both pendente lite and permanent, and the exclusive custody of the children. Soon after the bill was filed, a stipulation was entered into between the parties, through their respective solicitors, and filed in court, fixing $150.00 as a reasonable temporary solicitor's fee to be paid by the complainant to the defendant, and providing that complainant should also pay a certain amount per month as house rent for the house occupied by the defendant and a certain sum per month as alimony pendente lite, which amounts, it appears, were paid. The stipulation provides that the payment of the said sums ""shall be in lieu of and in payment of all claim or claims of the defendant and her counsel as and for temporary solicitor's fees, alimony pendente lite, and suit money,"" etc. A Special Master was appointed, considerable testimony taken, and about six months later the Master's report and findings were filed, which were in favor of the contentions of the complainant husband and adverse to those of the wife on all points. In the final decree, the court in the main followed the findings and recommendations of the Special Master, but sustained the defendant's exception to that part of the Master's findings to the effect that the defendant was not entitled, on the evidence, to temporary alimony, suit money and attorney's fees. The