James Alfred Warthen (1876-1931) and Ruth Bowen (1872-1938) divorce proceedings: Part 2

Part 1

Part 2

Part 3

Part 4

In the District Court of Utah County

State of Utah

_________

SUMMONS:

Ruth B. Warthen

                    Plaintiff

James Alfred Warthen
                    Defendant

_________

THE STATE OF UTAH TO SAID DEFENDANT:

You are hereby summoned to appear within twenty days after service of this summons upon you, if served within the county in which this action is brought, otherwise within thirty days after such service, and defend the above entitled action; and in case of your failure so to do, judgment will be rendered against you according to the demands of the complaint which has been filed with the Clerk of the Court, a copy of which is attached hereto and served upon you .

Morgan, Coleman & Tucker

Attorneys for Plaintiff

P. 0. Address:

               Provo Commercial Bank Building,
                       Provo city, Utah.

SHERIFF’S OFFICE

State of Utah
County of Summit

I, J. C. Clark, Sheriff in and for the County of Summit and State of Utah, do hereby certify and return that I received the within and hereto annexed summons 29th day of Sept. A. D. 1926., and served the same upon James Alfred Warthen, Defendant, by delivering and leaving with him a true copy of said summons in Park City, Summit County, State of Utah, on the 2nd day of October, A.D. 1926.

I further certify that on the copy of summons so served I endorsed the date and place of service and added my name and official title thereto.

Dated at Park City, Utah, this 2nd day of October, A.D. 1926.

Fees:--
     Service, $1.00
     Mileage, $0.20
     Total, $1.20

J. C. Clark

Sheriff of Summit County, Utah

By Dee Workman

Deputy

IN THE DISTRICT COURT OF UTAH COUNTY

STATE OF UTAH

_____

DEMURRER:

RUTH B. WARTHEN

                         Plaintiff,

          -vs.-

JAMES ALFRED WARTHEN

                         Defendant,

---oOo---

Comes now the defendant above named and demurs to the complaint of the plaintiff and for grounds of demurrer states:

FIRST:— That the complaint does not state facts sufficient to constitute a cause of action against this defendant.

WHEREFORE, Defendant prays that plaintiff's complaint be dismissed .

Martin M [Last Name (?)]

ATTORNEY FOR DEFENDANT.

Received copy this 2nd day of November, 1926.

Morgan, Coleman & Tucker

ATTORNEYS FOR PLAINTIFF.

In the District Court of the Fourth Judicial District, State of Utah

In and for Utah County

PRECIPE

Ruth B. Warthen

                         Plaintiff

          vs.

James Alfred Warthen

                         Defendant

Provo, Utah, November 20 1926

To the Clerk of the above entitled Court:

You will please enter the default of the defendant herein for failure to answer, demur or otherwise plead or appear in said cause.

Morgan, Coleman & Tucker

Attorney for Plaintiff.

In the District Court of the Fourth Judicial District

County of Utah, State of Utah

______

Default Certificate:

Ruth B. Warthen

                         Plaintiff

          vs.

James Alfred Warthen

                         Defendant

THE STATE OF UTAH TO THE SAID DEFENDANT:

In this action the defendant James Alfred Warthen, having been regularly served with process, and having failed to appear and answer the Plaintiff's complaint on file herein, and the time allowed by law for answering having expired, the default of said defendant in the premises is hereby duly entered according to law.

ATTEST my hand, and the seal of said Court, this 20th day of November 1926.

[?] Clerk

By Melba Bachman

Deputy Clerk

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN

AND FOR UTAH COUNTY, STATE OF

UTAH.

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No. 6526 Civil

Findings of Fact,

     and

Conclusions of Law:

RUTH B. WARTHEN,

                         Plaintiff,

          vs.

JAMES ALFRED WARTHEN,

                         Defendant,

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This matter came on duly and regularly for hearing before the above entitled Court sitting without a jury, on the ________ day of November, 1926, Messrs Morgan, Coleman and Tucker appearing as counsel for the plaintiff, and no one appearing for the defendant, on the verified complaint of the plaintiff, and the defendant having been regularly served with summons and time having expired after said service of summons in which the said defendant should demur, answer or otherwise plead to plaintiff's complaint, and said defendant having failed to demur, answer or otherwise plead or make any appearance in said cause, and the default of the defendant having been duly and regularly entered by the Clerk of the above entitled Court, and the Court having heard the evidence adduced on the part of the plaintiff and having considered the same, the Court now makes the following,-

    FINDINGS OF FACT    

[This is basically a repeat of the plaintiff complaints, which can be found in Part 1.]

CONCLUSIONS OF LAW

1. That plaintiff is entitled to a decree of divorce dissolving the marriage contract heretofore and now existing between the plaintiff and the defendant and that the said decree shall become absolute after the expiration of six months from the date of the entry thereof, as provided by the laws of the State of Utah, and that the plaintiff and defendant herein be released from all of the duties and obligations of said marriage contract, except as hereiafter [sic] set out.

2. That the plaintiff be awarded the care and custody of - Sterling Warthen, Paul Warthen, Alden B. Warthen, Janice Warthen, and Dean Warthen, the minor children issue of said marriage.

3. That the defendant pay to the plaintiff as alimony for the support of herself and her minor children the sum of $35.00 per month as follows: $17.00 on or before November 10, 1926, and an additional $17.00 on or before the 10th day of each and every following month; also $18.00 on or before November 25th. 1926, and an additional $18.00 on or before the 25th. day of each and every following month, except, however, that as soon as all the minor children issue of said marriage shall become of legal age, then said alimony shall be reduced to $15.00 per month; provided further, that in case the plaintiff shall remarry before said children shall come of legal age, then said alimony shall be reduced to $20.00 per month, and in case plaintiff shall remarry after said children become of age then said payments of alimony to said plaintiff shall absolutely terminate. That the defendant provde [sic] for the plaintiff as a home for herself and her said monor children the home now occupied by said plaintiff and said minor children in Springville, Utah County, Utah, and more particularly described as follows, to-wit:

Commencing 6.95 chains North and 4.70 chains West of the Southeast corner of the Northwest quarter of Section 4, Township 8 South, Range 3 East, Salt Lake Meridian; thence North 89° 47' West 4.34 chains; thence North 13° West 1.09 chains; thence South 89° East 4.58 chains; thence South 1.00 chains to beginning. Area 0.46 Acres.

That the defendant keep up the necessary payments on said home to retain possession of the same under any contract which he may have for the purchase of said home, and that the defendant also pay taxes thereon, but that the plaintiff shall pay all repairs and general upkeep in the maintenance of said home, and the defendant shall be afforded by the plaintiff a room in said home when he is living in Springville, Utah, or a satisfactory place to sleep at said home when he shall visit Springville, Utah; provided, however, that the plaintiff herein will surrender possession of said home property to the defendant herein if and when she remarries after the children, issue of said marriage, have arrived at their majority, and that she will surrender possession of said home property to the defendant herein before said children have reached their majority if the plaintiff remarries or loses the custody of said children before they have reached their majority.

4. That the defendant shall have the privilege of visiting his said children at all reasonable times, and shall have the privilege of taking said children with him for a visit provided he shall not take said children from the State of Utah.

5. That the plaintiff shall have no interest in or to any property now owned by the defendant other than as above set out.

6. That the defendant pay to Messrs Morgan, Coleman and Tucker, attorneys at law, of Provo, Utah, as attorney's fees in bringing this action the sum of $50.00, $20.00 of which said sum has heretofore been paid said Morgan, Coleman and Tucker on account, and the balance of $30.00 to be payable as follows: the sum of $20.00 to be paid on or before the 1st day of December, 1926, and $10.00 on or before the 31st day of December, 1926.

Dated at Provo City, Utah County, State of Utah, this 20th day of November, 1926.

BY THE COURT.

George P Parker

Judge

James Alfred Warthen (1876-1931) and Ruth Bowen (1872-1938) divorce proceedings: Part 1

Part 1
Part 2
Part 3
Part 4

No 6526 Civil

Fourth District Court
Utah County, Utah

Ruth B. Warthen
Plaintiff.

vs.
James Alfred Warthen
Defendant.

Complaint Filed Oct. 4, 1926

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT

IN AND FOR UTAH COUNTY, STATE OF UTAH

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AFFIDAVIT OF IMPECUNIOSITY

RUTH B. WARTHEN,

                                             Plaintiff,

          vs.

JAMES ALFRED WARTHEN,

                                             Defendant,

------------------------------------------------------------------------

STATE OF UTAH

COUNTY OF UTAH

Ruth B. Warthen, being first duly sworn, deposes and says; I am the plaintiff named in the above and foregoing action; that owing to my poverty I am unable to bear the expense of the action which I am about to commence; that I verily believe that I have a good cause of action and am justly entitled to the relief sought for in this action.

Ruth B. Warthen

Subscribed and sworn to before me this 28th day of September, 1926.

J. B. Tucker

Notary Public

Residing at: Provo City, Utah

My commission expires Sept. 7, 1929

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT

IN AND FOR UTAH COUNTY, STATE

OF UTAH

----------------------------------------------------------------------

COMPLAINT:

RUTH B. WARTHEN,

                                              Plaintiff,

          vs.

JAMES ALFRED WARTHEN,

                                               Defendant,

-----------------------------------------------------

Plaintiff complains of the defendant and alleges,-

1.  That the plaintiff and defendant intermarried at Provo, Utah County, State of Utah, on November 26, 1902, and ever since said time have been and now are husband and wife.

2.  That there have been born as issue of said marriage between the plaintiff and defendant, seven children whose names and ages are as follows, to-wit:

               Gladys W. Zimmerman, married daughter,

               Naomi Warthen, daughter, age 21 years,

               Sterling Warthen, son, age 18 years,

               Paul Warthen, son, age 18 years,

               Eldon B. Warthen, son, age 15 years,

               Janice Warthen, daughter, age 12 years, and

               Dean Warthen, son, age nine years.
That all of said children live with the plaintiff at Springville, Utah County, State of Utah, excepting Gladys W. Zimmerman, who is over twenty-one years of age and is married, and Naomi Warthen, who is living with her sister Gladys W. Zimmerman, at Roosevelt, Duchesne County, Utah.

3.  That the plaintiff now is, and for more than one year next preceding the commencement of this action has been an actual and bona fide resident of Utah County, State of Utah.

4. That the defendant has treated the plaintiff in a cruel and inhuman manner as follows, to-wit:
That on the 26th. day of September, 1926, at their home in Springville, Utah County, State of Utah, the defendant swore at the plaintiff and called her vile names and threatened to slap her face, and further threatened to do her bodily harm and on account of said threats plaintiff was forced to, and did, leave her said home and staid with neighbors on the night of September 26, 1926; that at said time the defendant was under the influence of intoxicating liquor; that the defendant frequently in the past has been under the influence of intoxicating liquor, and has threatened the plaintiff herein with bodily harm and has sworn at the plaintiff herein, all of which acts and conduct on the part of the defendant toward the plaintiff has caused the plaintiff herein great mental anguish and fear of bodily harm and suffering.

5. That the defendant is a strong, able bodied man, and capable of earning $125.00 per month, or more; that said defendant now is, and  many months last past has been, earning $125.00 per month, or more; that the defendant is the owner of an equity in the following described property, situate in Springville, Utah County, Utah, to-wit:

Commencing 6.95 chains North and 4.70 chains West of the Southeast corner of the Northwest quarter of Section 4, Township 8 South, Range 3 East, Salt Lake Meridian; thence North 89° 47' West 4.34 chains; thence North 13° West 1.09 chains; thence South 89° East 4.58 chains; thence South 1.00 chains to beginning. Area 0.46 Acres.

That the home occupied by the plaintiff and the children, as above mentioned, is situate on the above described property; that this plaintiff is informed and believes that said property is being purchased by the defendant and that the defendant is paying for said property at the rate of $10.00 per month; that it is necessary for the plaintiff herein to have for the support, care and maintenance of herself and the minor children above named the use of said home, together with the sum of $40.00 per month as alimony; that the defendant herein is able to make the monthly payment on said home; to pay the taxes thereon, and also to pay to the plaintiff for the use of herself and said minor children the sum of $40.00 per month as alimony, beginning with the first day of October, 1926; and that the defendant is also able to pay to the plaintiff for her costs and attorney's fees herein the sum of $100.00, the same to be paid at the rate of $20.00 per month beginning on the first day of November, 1926.

6. That the plaintiff herein has been forced to retain attorneys for bringing this action, that she has retained as her attorneys Messrs Morgan, Coleman and Tucker, of Provo, Utah; that said attorneys have charged $100.00 as attorneys fee for bringing this action, and that $100.00 is a reasonable amount as attorney's fee for bringing this action.

7. That the plaintiff herein is a fit and proper person to assume the care and custody of the minor children above named.

WHEREFORE, plaintiff prays judgment against the defendant as follows, to-wit:

1. For a Judgment and decree of this Court dissolving the bonds of matrimony heretofore and now existing between the plaintiff and the defendant and freeing said parties, and each of them, from all obligations of contract, except as herein specifically set forth.

2. That the Court order and decree the defendant to pay to the plaintiff as alimony for the support of herself and the minor children herein the sum of $40.00 per month the same to be payable on or before the first day of each and every month beginning with October 1, 1926.

3. That the defendant be ordered and decreed to furnish to the plaintiff and her minor children aforesaid for their exclusive use the home property situate in Springville, Utah County, State of Utah, and hereinbefore particularly described; that the defendant be ordered to keep up the monthly payments on said home property, to pay the taxes thereon; and to take any and all other necessary steps to save said home property for the exclusive use and occupation of this plaintiff and her minor children during the life of said plaintiff, or until said plaintiff shall again re-marry, or become otherwise independent.

4. That the Court award the care, custody and control of the minor children above named to the plaintiff.

5. For the sum of $100.00 as attorney's fees to be paid to Morgan, Coleman and Tucker, attorneys for the plaintiff herein at the rate of $20.00 per month, said sums to be paid on or before the first day of each and every calendar month beginning November 1, 1926.

6. For costs of this action incurred.

7. Plaintiff prays for such other and further relief as to the Court may seem meet and proper in the premises.

Morgan, Coleman & Tucker

Attorneys for Plaintiff

__________

STATE OF UTAH

COUNTY OF UTAH

Ruth B. Warthen, being first duly sworn, deposes and says; that she is the plaintiff named in the above and foregoing Complaint; that she has read said Complaint and knows the contents thereof; that the same is true of her own knowledge, except as to matters therein stated on information and belief, and as to those matters she believes it to be true.

Ruth B. Warthen

Subscribed and sworn to before me this 28th day of September, 1926.

J. B. Tucker

Notary Public

Residing at: Provo City, Utah

My commission expires Sept. 7, 1929