De La Rama v. De La Rama (201 U.S. 303)

by Henry Billings Brown

United States Supreme Court

201 U.S. 303

De La Rama  v.  De La Rama

 Argued: December 5, 6, 1905. --- Decided: April 2, 1906

This was a suit brought in the court of first instance of the province of Iloilo by the appellant, as plaintiff, against her husband, the defendant, for a judicial separation or divorce a mensa et thoro, an equal separation of the property of the conjugal partnership, for an allowance to the plaintiff for her support during the pendency of the action, and for counsel fees, costs, and general relief, upon the ground of the husband's adultery and the public scandal and disgrace thereby brought upon the plaintiff.

In his answer defendant alleged, by way of recrimination, adultery on the part of the wife, denied the existence of any community property, and prayed for a divorce without alimony.

Upon the trial, the court decreed a divorce to the plaintiff on account of her husband's adultery, as well as the payment of $81,042.76, Mexican money, due her as her unpaid share of the property belonging to the conjugal partnership, as well as the sum of $3,200, Mexican money, as an allowance for her support since the date upon which the action was instituted, being at the rate of 400 pesos a month for eight months, with costs.

After motion for a new trial had been made and overruled, defendant appealed to the supreme court, which reversed the decree of the court below, incorporated in its opinion certain findings of fact, and ordered judgment absolute that the complaint be dismissed.

Whereupon plaintiff appealed to this court under § 10 of the act of July 1, 1902, to provide a temporary civil government in the Philippine Islands (32 Stat. at L. 691-695, chap. 1369, U.S.C.omp. Stat. Supp. 1905, p. 154), a copy of which section is given in the margin.

Messrs. Frederic C. Coudert and Howard Thayer Kingsbury for appellant.

[Argument of Counsel from pages 305-307 intentionally omitted]

'Sec. 10. That the Supreme Court of the United States shall have jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees of the supreme court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein, or hereafter determined thereby, in which the Constitution or any statute, treaty, title, right, or privilege of the United States is involved, or in causes in which the value in controversy exceeds twenty-five thousand dollars, or in which the title or possession of real estate exceeding in value the sum of twenty-five thousand dollars, to be ascertained by the oath of either party or of other competent witnesses, is involved or brought in question; and such final judgments or decrees may and can be reviewed, revised, reversed, modified, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved, in the same manner, under the same regulations, and by the same procedure, as far as applicable, as the final judgments and decrees of the circuit courts of the United States.' No counsel for appellee.

Mr. Justice Brown delivered the opinion of the court:

Notes