Sunday, October 19, 2014

James Alfred Warthen (1876-1931) and Ruth Bowen (1872-1938) divorce proceedings: Part 3

Part 1
Part 2
Part 3
Part 4

DECREE OF DIVORCE:

[The information here is almost exactly the same as the conclusions of law, found in Part 2. The judge grants everything in that section.]

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

Judgment Roll Certificate:
Ruth B. Warthen
                    Plaintiff
Jas. Alfred Warthen
                    Defendant

I, the undersigned Clerk of the District Court of the Fourth Judicial District of the State of Utah, in and for Utah County, do hereby certify the foregoing to be a true copy of the Judgment entered in the above entitled action, and I further certify that the foregoing papers, hereto annexed, constitute the Judgment Roll in said action.

Witness my hand and the seal of said Court
this 20 day of Nov. 1926
W.M. Hales
Clerk
By __________________________
Deputy Clerk

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
IN AND FOR UTAH COUNTY, STATE OF UTAH.
-----------------------------------------------------------------------------------------------

AFFIDAVIT:

RUTH B. WARTHEN,
                    Plaintiff,
          vs.
James Alfred Warthen,
                    Defendant,
--------------------------------------------------------------------------------

STATE OF UTAH
COUNTY OF UTAH
w / Ruth, B.Warthen, Peing first duly sworn, on her oath, deposes and says; that she is the plaintiff mentioned in the-above entitled action; that she has heretofore, to wit: on the 20th. day of November, 1926, obtained from this Court a decree and judgment of divorce and for the payment of alimony and attorney's fees, to-wit: that said defendant pay into this court the sum of $30.00 on or before the 31st day of December, 1926, as attorney's fee, and that said defendant pay to the plaintiff as alimony for the support of herself and minor children the sum of $35.00 per month, payable 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, and also $18.00 on or before November 25, 1926, and an additional $18.00 on or before the 25th. day of each and every following month; that said defendant has wilfully and contumaciously failed, neglected and refused to comply with the terms of said decree, in this, that said defendant has not paid to the plaintiff, or the Clerk of this Court for the use of the plaintiff, any of said alimony so ordered to be paid by the court, to-wit: the sum of $35.00 during the month of May, 1927, $35.00 during the month of June, 1927, $35.00 during the month of July, 1927, $35.00 during the month of August, 1927, except that defendant has paid $15.00 on said alimony.

WHEREFORE, plaintiff asks that the said defendant James Alfred Warthen be ordered to appear before this Court and show cause why he should not be punished for a contempt of court.

Ruth B. Warthen

Subscribed and sworn to before me this 8 day of September, 1927.

Jacob Coleman

Residing at: Provo City, Utah.
My commission expires ____________________________


SHERIFF’S OFFICE
~~~~~~~~~~~~~~~~~~
State of Utah,
County of Summit

I, J. C. Clark, Sheriff in and for the County of Summit and State of tah, do hereby certify and return that I received the within and hereto annexed summons have served on the 10th day of Sept. A.D. 1927, and served the same upon James A. Warthen, Defenfant, by delivering and leaving with order to show cause a true copy of said summons order in Park City, Summit County, State of Utah, on the 10th day of Sept. A.D. 1927.

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 10 day of Sept. A.D. 192 . . . .

J.C. Clark
Sheriff of Summit County, Utah

By J. Frank Payne
Deputy


Fees:—
Service,  $ . . . . . . . . . . .
Mileage, $___________
Total,      $ . . . . . . . . . . .

IN DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN
AND FOR UTAH COUNTY, STATE OF UTAH.
-------------------------------------------------------------------------------------
ORDER TO SHOW CAUSE
Ruth B. Warthen,
                    Plaintiff,
          vs.
James Alfred Warthen,
                    Defendant,
-------------------------------------------------------------------

To the defendant James Alfred Warthen,-

The petition of Ruth B. Warthen having been filed here-in setting out that you wilfully and contumaciously failed, refused and neglected to comply with the decree of this Court made and entered on the 20th. of November, 1928, wherein you were required to pay to said plaintiff the sum of $35.00 per month as alimony, payable 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, and also $18.00 on or before November 25,1926, and an additional $18.00 on or before the.25th.. day of each and every following month, and also pay to Morgan and Coleman, plaintiff's attorneys, the sum of $30.00 as attorney's fees.

You are therefore ordered to be and appear before this Court in the court room of the county court house at Provo city, Utah County, Utah, on Saturday, the 17th day of September, 1927, at ten o'clock A.M. of said day, then and there to show cause, if any you have, why you should not be adjudged guilty of contempt in not complying with the order of this Court, as is stated in the affidavit of said plaintiff.

Let a copy of this order, together with a copy of the affidavit of the plaintiff, be served upon the defendant James Alfred Warthen at least 5 days prior to the 17 day of September, 1927.

The Sheriff is hereby directed to serve this Order without cost to the plaintiff.

Dated at Provo City, Utah County, State of Utah, this 8th day of September, 1927.

BY THE COURT.

George P. Parker
Judge

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
IN AND FOR UTAH COUNTY, STATE OF UTAH.
----------------------------------------------------------------------------------------------

No. 6526 Civil
Findings of Fact and Conclusions of Law and Order and Decree in Contempt.

Ruth B. Warthen,
               Plaintiff,
     vs.
James Alfred Warthen,
               Defendant,
-------------------------------------------------------

This matter came on duly and regularly for hearing before the court on the 17th. day of September, 1927, on the affidavit of the plaintiff and order to show cause why the defendant should not be required to comply with the terms of the decree entered and filed in the above entitled matter on November 20, 1926, Messrs Morgan and Coleman appearing as counsel for the plaintiff and the defendant appearing without counsel; and the Court having heard the evidence adduced on the part of the plaintiff and the defendant, the Court now makes the following,-

FINDINGS OF FACT
1. That on November 20, 1926, a decree of divorce was rendered and filed in the above entitled Court and cause, wherein, among other things, said defendant was ordered to pay to plaintiff's attorneys the sum of $30.00 as balance of attorney's fees on or before December 3,1926; also that defendant pay to plaintiff as alimony for the support of herself and their said minor children the sum of $35.00 per month; that said defendant had full knowledge of said decree; that said defendant has wilfully and contumaciously failed and refused to comply with said decree, in this, that he has failed and refused to pay to plaintiff any alimony for the months of May, June, July, and August, 1927; and in open court said defendant told the Court that he would not comply with said decree by paying said alimony as provided for by said decree;

2. That said defendant has wilfully and contumaciously and does now wilfully and contumaciously violate said decree
________

From the foregoing Findings of Fact the Court now makes the following,-

CONCLUSIONS OF LAW
That said defendant has wilfully and contumaciously violated the terms of said decree and is entitled to be punished for contempt.

Wherefore, by virtue of the premises, it is, by the Court, ordered, adjudged, and decreed, that you, James Alfred Warthen, defendant in the above entitled cause, be imprisoned in the County jail of Utah County, Utah, at hard labor, for a period of sixty (60) days.

Done in open court this 17 day of September, 1927.


BY THE COURT.

George P. Parker
Judge

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