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Show PAGE FOUR Third District Court Third District Court Calendar Criminal Division Calendar - Kenneth Jeppson 205199 iRobert D. Brown Attys; Boyd Fullmer and Gary Gale -was granted a decree of divorce from defendant husband in August of 1972. At the time of the divorce there was a minor child of the The wife couple and two minor children of the wife by a previous marriage. was granted custody of all three children with right of visitation to the husband of his natural child. The trial court specifically denied husband any visitation rights to the other two children. Plaintiff-wif- e BUSINESSMEN: Update your telephone directory with the following new business telephone installations. Published ss a public service in cooperation with Mountain Bell. and Ronald Barker 201590 - Larson Ford Sales vs Joe Lohman McCoy and Defendant did not appeal from the divorce decree, but, approximately months after its entry, petitioned the court for a modification of the eleven decree seeking the same visitation rights with respect to his two stepchildren that he had for his natural child. SUN TREE DISTRIBUTORS 355-12- 23 Carl Nemelka 370 100 S. W. WESTERN INVESTORS REALTY ASSOCIATES 220 E. 262-96- 52 Third District Court Calendar Criminal DrvWon 3900 S. U86-34- 36 Monday, May 27, 197U (holiday) 571 Atty; J. Xunkler - Michael Coy 131 w. D. Bown Westover 484-50- 94 11 ing PORE LACKES GOLF 1285 COURSE OF LATTER-DA- University EN GREEK SHISHKABOB 43 FOR CONGRESS Palfrey-ma- INSTRUKENTAION Kidnapping 2272 E. 6720 S. Hoi Draftsmen 8 Atty; B. Gold - Tommy Lee Shunk CAUSE 1121 Political Materials Retail Burglary Theft Atty; L. Brown 26155 - Cornelias Vhittaker Atty; L. Brown 26312 - John Kenneth York and Ronald Dean Foster . 2C85 W. 31 ARITISTIC IRON 1087 Diamond WAy Sandy Ornamental Metal Work 571-52- 571-56- 41 ANCE Atty; J. Shields - Tony Guzman AA QUALITY MAINTENCO 354 E. 9940 S. SAndy Janitor Service Attempt . homicide Jorgensen Exhibition Priving Atty; D. Blackhaa 262S8 - Henry Allen 32-3- CKAG SHOP 3500 S. Grr.gr 26161 Vio. Sec. ROBINSON LIGHTING CO. 44 E. 7200 S. Mdvl 322- - 1?53 S S S INC. 40 Orchard Dr. N. Sic. 966-14- 18 Unlawfully distributing Atty; S. Hatch 25797 - Charles M. Neve Vio. Sec. 92 Don Bybee Don Carlton E. 3300 S. Building 561-78- 52 & . 531-67- . Leland Kimsell TUJAY UNLIMITED 10 S. 4.00 350 E. 222 SKIERS SALT LAKE 3927 Highland Dr. 486- - 6233 UNITED SALARY SAVINGS 5335 S. 900 E. 277-92- 62 TICK TOCK SIOP Leon Moosaan Unlawful distribution Atty; J. Xunkler 487EsXel-se- Theft by rec. stolen prop Atty; L. Brown 26636-37-- Lenoris Bush 38 n 4712 Hcllaiay Blvd. - 4154 STANDARD LIFE ft Accident Insurance Co. 872 E. 33OO S. 531-66- 46 WIZARDS WORKSHOP Atlas Bid. 262-93- 51 Unlawful distribution R. Shuey Randy Carrlllo' 300 Jordan 277-24- 13 Murder Friday, Hay 31, 197 - Richard Hansen i VILLA. WS3T MOBILE HOKE S. 4X0 W. Let 14 C2 FARK -1 26135 531"66o9 API KUDRAULEX INC 513 W. &D0 S. Hudraulic Equipment Supplies 561-70- Atty; B. Spence Atty; Way, CONSTRUCTION AID 1037 - James Montgomery 21730 CLUB organizations Michael Townsend ith COf'NDN 467-72- 21 Thursday, May 30. 19ft Att. CARD 200 S. Augusta Trial 26576-77-Ke- W. 582-35- 37 26512 , WATERGATE 322-22- 93 Forgery Atty; SALES 1777 Meadow Cowns Way Hoi 262-8021 IVESTER'S USED CARS, ft TRUCKS 6015 S. State Mur 272-397- 2 BRADY R M ft ASSOC. Fore. Sex. abuse Atty; L. Long 26571 - Raymond F. Munsee Theft Atty; J. Shields 26579 - Scott A. Rackley 26501 W. 55 E. 400 S. n, 764 466-33- 12 T ft S REMOLDING Enchanted Dr. W3MCT BROS ELECTRIC Co. 2YvJ S. 270 W. Allan E. Mecham, Clerk Defendants seek reversal of the order of the district court refusing to set aside a default judgment entered against them for specific performance of a contract to convey to the plaintiffs a small tract of real property along the west shore of Bear Lake in Rich County. Their contention is that the court abused its discretion in refusing to vacate the judgment and allow them a hearing on the merits. Bench 102 N. 300 May 21, 1974 CROCKETT, Justice: FORT DOUGLAS-HIDDVALLEY COUNTRY CLUB SWIMMING POOL DIRECTOR East 531-67- No. 13572 FILED B. Calder, his wife, Defendants and Appellants. Studios 3634372 I. v. Robert V. Calder and Helen -- 272-37- 93 . OF JESUS CHRIST SAINTS THE 531 6636 AMERICAN NATIONAL ENTERPRISES INCWESTERN REGIONAL OFFICE 550 E. 2kX3 S. Motion Picture Producers ft Pract. med.wo license Rape Y Tlrsvl 4500 S. H. Lawrence Barber and Dorothy L. Barber, his wife, Plaintiffs and Respondents, UNIBERSTTYAIBRARY WARDS 160 W. CJURCJ 328-04- 61 Atty; Phil Hansen 26139 - Erica W. Commichaux & 1. 13 Utah 2d 36, 368 P. 2d 264 (1962), citing Cody v. Cody, 47 Utah 456, 154 P. 952 (1916). mnt Service ft 266-86- 21 Sciver Nelson Fred S. Bel-elope- 2100 S. Automobile Repair- Burglary Theft Atty; G. Athay 26553 - Cliford Leroy Shafer Failure to yield Atty; Lee Hobbs 25936 - Michael S. Weaver Burglary Atty; R. Shuey 26171 - Lamar Kilmer Carlson 53 W. PIQNT AUTOMREPAIR 920 W. CHECK OTIVE ft TRUCK Peter Rozales Atty; Affirmed. Costs to respondent (wife). ft ASSOC. Triwest corporation & 26350-51-- BAY 3960 So. Main Unlawful Dist. K. E L 262-93- 62 Wednesday, May 29, 1971 - Dennis Hodgson 26478-82 D. U. 285 30-3-- 8600 So. Sandy Atty; S.J. Hatch 26111 - MOTEL AY GLASS COACH 561-82- 72 R. Shuey R. Van S. 2950 HIDE-A-W- In Anderson v. The husband did not appeal from the original decree and did not allege modification. any changed conditions or circumstances in his petition for TEXTILE 3955 S. State 260l6 - John Anthony Boggs Attemp Unlawful Fobs J. 11596 S. 700 E INDUSTRIAL 1 266-06- 50 Criminal Homicide 11-6-- ATToPRicUCTS 1756 Associates 186-280- Vio. Sec. Dealers Goods 531-68- 68 26168 Atty; -- the petition. 5, Utah Code the generalisation of Title Annotated 1953, contemplates an opportunity for divorced litigants to come into court for modification of the original decree based on changed conditions, and that any dissatisfaction with such decree is a matter of appeal. Absent an such appeal, it is not subject to modification except where changed conditions are demonstrated. Drpr Cleaning Compounds GLASCO INC 35 S. State Adams. David V. ft Forgery 25947 - Mickey ... SPORTS CHALET DOUG'S trial court properly dismissed Anderson this court stated: Scooters Motot DISTRIBUTORS Atty; D. Bown - Marcella Sae Torrez -- A Sporting 26128 Atty; SORIES The 4884!S. Redwood Rd Tlrsvl Scott H. ACCES- Cycles Repairing Vio. Sec. 222 Attys; M. Holt and J. Mclhtyre 26518 - Veron Douglas Green Agg. Sexual Assault Atty; 14 CYCLY CITY INC. Suite 1375 S. State Moror 966-18- 02 May 28, 1974 - Paul 26403 Allan E. Mecham, Clerk C A LUSTER. Chief Justice: Tr. Shields, etc Attys; Jeffery Fillmore Tuesday, May 21, 1974 Defendant and Appellant. W. .Attyi; John FILED D. Kendall Perkins, V8 Robert No. 13425 v. Business Telephones V5 & Sharon C. Perkins, Plaintiff and Respondent, Unlawful distribution Atty; B. Gold 26262 - Roberta Sharp Theft under $50. Atty; D. Mitchell and Thomas N.Crowther 193283 - State Bnp.Cr.Un. - Valley Bank In The Supreme Court Of The State Of Utah Bastardy Atty- - withdrew 25958 - David Perry Atty; L. Feller 26555 - Elaine Griggs Airain anlth Attyi; Allen Swan Jeffrey Fillmore, George Helling and Gary Faxton 206781 - Manvill Plumbing vs Betty Martsch Attys; David Yocom 210495 TUESDAY, MAY 28, 1974 INTERMOUNTAIN COMMERCIAL RECORD The action was commenced January 18, 1973 in which plaintiffs tendered the remaining $8, 200 of the $8, 500 purchase pTice and demanded conveyance by the defendants. Summons was served by the sheriff of Moffatt County, Colorado, at the defendants' home in Craig. Defendants' son, Robert G. Calder (not an attorney of record in Utah) prepared an answer for his parents, which each signed; and which was duly served and filed in this action. Thereafter, on February 20, 1973, plaintiffs' counsel served Interrogatories and Requests for Admissions on Robert G. Calder and on the defendants individually. They did not respond to either. After a month and a half had elapsed, on April 4, 1973, the plaintiffs served upon each of the said parties a motion that the court order the defendants to answer the Interrogatories within ten days, or upon failure to do so, that their pleadings be stricken and judgment taken by default. The defendants not having responded, the court made a memorandum decision on April 23, 1973, granting the plaintiffs' motion; and on May 1, 1973, signed and filed a formal order to that effect. The court's findings recite that the defendants were duly served with a copy on or about May 3. The order was not complied with, and on June 5, 1973, the court the plaintiffs' motion to strike defendants' answer and enter their default. granted It was after receiving this latter order that defendants retained their present counsel, and on June 21, 1973, filed a Petition to Set Aside the Order of June 5, and for leave to file Answers to the Interrogatories submitted by plaintiffs and leave to file an Amended Answer. Upon consideration of that motion and authorities submitted in support thereof, the district court refused to relieve the defendants of default and entered the judgment against them. It is true as defendants assert that this court has on numerous occasions declared as a matter of general policy that whenever the interests of justice and fair play will be served thereby, the trial court should exercise its discretion liberally in favor of giving the parties an opportunity for a hearing on the merits of a case. However, discretion is not a one way street. As is sometimes said: No pancake can be fried so thin that it does not have two sides. Both have rights which it is the responsibility of the trial court to protect. parties In situations where the exercise of discretion is appropriate, considerable weight should be given to the determination of the trial court, which ever way it goes. This 1. E.g., Utah Com. Sav. Bank v. Trumbo, 17 Utah 198, 53 P. 1033; Locke v Peterson, 3 Utah 2d 415, 285 P. 2d 1111. 2. Heathman v. Fabian etc. , 14 Utah 2d 60, 377 P. 2d 189. is true because due to his close involvement with the parties, the witnesses, and the total circumstances of the case, he is in the best position to judge what the interests of justice require in safeguarding the rights and interests (Cont'd, o Hp 51 |