O'Brien

Proceedings to amend a decree of divorce by motion. The trial of the action was concluded on July 8, 1895, and on that day the then trial judge, Hon. D. J. Murphy, signed, and there was filed by the clerk a paper entitled “memorandum of decision.” It is a brief statement of three paragraphs, prefaced p follows: “In this case, after fully considering the evidence, I am led to the following conclusions, and find the facts to he.” Paragraph I is a statement that the evidence is not sufficient to support the claim that the parties intermar *424 ried in 1890, or were husband and wife prior to July 21, 1893; paragraph II is a finding that the marriage was solemnized on July 21, 1893; paragraph III, “that said defendant has been guilty of such acts of cruelty toward plaintiff as entitled her to a divorce on the ground of extreme cruelty, and the court so orders. The question of alimony and counsel fees is reserved for further consideration.” Findings were not waived. On the same day a minute order was entered as follows: “This case having been heretofore submitted to the court for consideration and decision and taken under advisement, and now the court being fully informed and having…