State of Utah
_________
SUMMONS:
Ruth B. Warthen
PlaintiffJames Alfred Warthen
Defendant
_________
THE STATE OF UTAH TO SAID DEFENDANT:
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---
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,
--------------------------------------------------------------------
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
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