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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 IMPECUNIOSITYRUTH B. WARTHEN,
Plaintiff,
vs.
JAMES ALFRED WARTHEN,
Defendant,
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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
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COMPLAINT:
RUTH B. WARTHEN,
Plaintiff,
vs.
JAMES ALFRED WARTHEN,
Defendant,
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Plaintiff complains of the defendant and alleges,-
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 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.
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
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