James Alfred Warthen (1876-1931) and Ruth Bowen (1872-1938) divorce proceedings: Part 4

Part 1

Part 2

Part 3

Part 4

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT,

COUNTY OF UTAH, STATE OF UTAH

----oOo----

MOTION TO ALTER AND AMEND DECREE

RUTH B. WARTHEN,
               Plaintiff.

     vs.

JAMES ALFRED WARTHEN,
Defendant.

----oOo----

Comes now the defendant, James Alfred Warthen, and moves the court to alter and amend the decree entered in the above entitled cause on the 20th day of November, 1926, to give the defendant, James Alfred Warthen, the custody and control of the said minor children, to-wit: Sterling Warthen, Paul Warthen, Alden [sic] B. Warthen, Janice Warthen and Dean Warthen; also to amend the amount of alimony to be paid to the plaintiff and also to alter and amend the courts decree relative to the possession and control of the family home in Springville, Utah, said motion to be based upon affidavits and evidence introduced at the hearing of this motion.

Abe W. Turner

Attorney for Defendant.

Knight Block, Provo, Utah.

Received a copy of said Motion this _____ day of ________________,
1927.

__________________________

Attorney for Plaintiff

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT,

COUNTY OF UTAH, STATE OF UTAH.

----oOo----

AFFIDAVIT.

RUTH B. Warthen,
               Plaintiff.

vs.

JAMES ALFRED WARTHEN
               Defendant.

----oOo----

STATE OF UTAH
COUNTY OF UTAH

James Alfred Warthen, being first duly sworn, depose and says: that a decree was duly entered in the above entitled cause on or about the 20th day of November, 1926 and that by the terms of said decree, the plaintiff Ruth B. Warthen, was given the custody and control of the minor children, to-wit: Sterling Warthen, Paul Warthen, Alden [sic] B. Warthen, Janice Warthen and Dean Warthen; and that the family home at Springville, Utah was to be provided for the said plaintiff, Ruth B. Warthen, and said minor children save that the defendant, James Alfred Warthen, was to have one room in said home reserved for his use and benefit and that by the terms of said decree, defendant was to pay the plaintiff the sum of $35.00 as alimony for the support of said plaintiff and minor children.

Affiant says that the home at Springville, Utah, mentioned in the decree in the above entitled cause is not now occupied by the said Ruth B. Warthen and the minor children and that there is no room in the home reserved or been reserved for the use and benefit of said James Alfred Warthen but on the contrary the room that was to have been reserved for the said James Alfred Warthen has been rented out by the said Ruth B. Warthen and the said Ruth B. Warthen has received the rentals from said room; that at this time the said Ruth B. Warthen is living at Spanish Fork, Utah County, Utah with some of her relatives and that the children aforementioned have been taken out of the schools at Springville, Utah and their schooling has been bfoken [sic] up.

That the family home at Springville, Utah at this time, is unoccupied and that all of the furnishings and household effects have bean taken away from the said family home at Springville; that the room that was to have been set aside for the defendants [sic] use has been stripped of all its furnishings and that it is of no use to the said defendant in its present condition; that the said family home is not being taken care of, that the same is being fun [sic] down for want of care and the protection of an interested occupant and that the ground has not been cared for and has not been cultivated or cleaned and that in every way the said property is decreasing in value; that the said property is being purchased under a contract and is only partially paid for and that affiant has been advised that unless the place be given better care, that the payments on same be made up, some action will be taken to dispossess said affiant and said Ruth B. Warthen of any and all interest they have in the said premises; that said affiant believes that it is absolutely necessary that he be given the custody and control of the said family home.

That the minor children aforementioned have not been given proper care and attention by Ruth B. Warthen during the period in which the aforementioned decree has been in operation and effect; that the said children have been left  for hours and days at a time without any one to care for them, to cook their meals and to see to keeping the said children clean and healthful; that affiant has provided considerable food, fuel and clothing for the minor children aforementioned and food and fuel for the benefit of the said Ruth B. Warthen; that said Ruth B. Warthen has refused and does now refuse to give the said James Alfred Warthen credit for providing the aforementioned food, fuel and clothing but she, the said Ruth B. Warthen, has repeatedly told and published the story that said James Alfred
Warthen has never provided anything for the said children since the first of April of this year.

That affiant has been informed that said Ruth B. Warthen has sent the said minor child, Dean Warthen, out of the state of Utah, to-it; To California, to be kept by his sister and that affiant is informed that the said sister is having to make her own living and pay for her own board and keep, that she is in no position to properly care for the said child; that the said child was sent to California primarily to aggravate and annoy this affiant; that affiant believes that the best interest of the children, their health, their upbringing and their schooling will be gained by giving to him the custody and control of said children and that he might have the family home, together with the household effects at Springville, Utah for the said children to live in.

Subscribed and sworn to before me this 29th day of November, A.D. 1927

Abe. W. Turner

Notary Public

Residing at Provo, Utah.

IN THE DISTRICT COURT 0F THE FOURTH JUDICIAL DISTRICT, 

COUNTY OF UTAH, SATE OF UTAH.

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

NOTICE.

RUTH B. WARTHEN,

               Plaintiff.

     vs.

JAMES ALFRED WARTHEN,

               Defendant.

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

To Morgan & Coleman, attorneys-at-law and attorneys of record for the plaintiff, Ruth B. Warthen, and to Ruth B. Warthen, plaintiff.

You and each of you will please take notice that the defendant, James Alfred Warthen will, on the 10th day of December, 1927, at ten o'clock A.M., or as soon thereafter as counsel can be heard, move the court to alter and amend its decree made in the above entitled cause and entered on the 20th day of November, A.D. 1926.

Abe. W. Turner

Attorney for Defendant.

P.O. Address: Knight Block,

Provo, Utah.

Received copy of above notice this 29th day of November - 1927

State of Utah

County of Utah.

Abe W . Turner , being first duly sworn on oath deposes and says that he is attorney for the defendant James Alfred Warthen , in the above entitled action; that he has his law offices in the Knight Block at Provo City, Utah that he served a copy of the attached notice together with a copy of the affidavit and motion in the above entitled cause, upon the plaintiff Ruth B. Warthen, on the 30th day of November A.D. 1927 by depositing a copy of said notice, motion and affidavit, enclosed in an envelop [sic], in the U.S. Post Office, at Provo City, Utah; that the said envelop [sic] was addressed to Ruth B. Warthen, Spanish Fork, Utah; that the postage on same was fully paid; that the plaintiff is now residing at Spanish Fork, Utah County, Utah and that there is daily communication by mail between Provo, Utah, and Spanish Fork, Utah; that the service was made after having tried to serve Morgan & Coleman, attorneys, who refused to accept service for the said Ruth B. Warthen.

Abe W. Turner

Subscribed and sworn to before me this 9th of December A.D. 1927.

I. G. Bench

Notary Public,

Provo, Utah

My commission expires March 22, 1931.

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

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.

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

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

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

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

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