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Show WIVifittY6rHrcirnwrr'ir Salt Lka City tftH 8 H12 ! The Daily Legal VOLUME Newspaper 15,' NUMBER 36 VJJNIV TUESDAY, FEBRUARY 23, 1971 LEGAL NOTICES: Hmm 467-055- f's , SALT 1 LAKE CITY, UTAH FHT2TFSuits City Court Appeal to Modify Alimony Fails w.UV- Richard Andersen vs restitution trebled; $140,00; In The Supreme Court Of The State Of Utah KAREN February 19, 40th Day Trailer & Equipment LINES TANK CLARK l Pltf$421.65; bal COMPANY; FILED UTAJi STATE SENATE ACTION 38355 - Harry D. Maurer vs HOWARD E. SEARS; Pltf$258.00; $68.80 1971 L. M. Cummings. Clerk - Sugarhouse Finance 38356 vs Pltf$370.54; bal DESMOND; Appeal from a judgment of dismissal of a petition for modification of an alimony award downward. Affirmed with costs on appeal to Mrs. Short, with a remand that the question of attorney's fees, if any. be resolved by the trial court where certain aspects of this case still are pending. The parties were married in 1947 and have two children. A divorce complaint was filed in 1961 and found repose, for some undisclosed reason, in the court's archives till 1966 when it became restless and was amended, resulting in a divorce in January 1967, in which Mrs. Short, unemployed at the time, was awarded $75 per month alimony and a like amount for support of the children. Mrs. S. , who had been employed in the past, obtained employment thereafter, after which Mr. S. filed a petition to eliminate the alimony, on the ground of changed circumstances, and was denied relief. It appears obvious to us that the award in the decree was consistent with and based upon the assumption that Mrs! S. again would be able to obtain employment, - otherwise the trial court's socioeconomic philosophy would have been superficially inane. Less than a year later Mr. S. petitioned again to eliminate the alimony and again was rebuffed, as he was again in July, 1970 by dismissal thereof, subject of this appeal. There is but one point on appeal: That the court erred in failing to compare the parties' present circumstances in relation to those at the time of the decree. vs COLUMBUS A. check Pltf$20.00 PERKY. - Utah Retail Credit Bur. vs 38358 Pltf$220.00 DALE R. VINCENT; - Utah Retail Credit Bur. vs KAREN check 38360- - vs check - Utah Retail Credit Bur. Pltf$10.00 KEYSER; - Freed 38362 S. MALCOLM Rental-Lea- Company se JETTS ON dba Pltf MEDICAL GROUP; HYLAND $540.00; $190.00; lease agreement - Sylvia Cohen vs 38363 GARY $35.00; auto damage - Florence Chin vs TONEY SMITH; Pltf$132.38; auto damages WE CONCUR: check 38366 Jr., thief Justice R. L. Tuckett, Justice CAROLYN and trebled; $200.00 38338 WOODARD AND Pltf$360.00 restitution - Associated Collection Bur Inc. vs bal RANDY Pltf$33.00 ESKELS0N; due 38339 - Fred H. Hegerhorst, and Vauna Hegerhorst vs FOREST HILLS IMPROVEMENT Jr. CORPN - Sherrie UNIVERSAL Van Orman TOYOTA; - Beverly MARLOR, KEITH NELSON; 38342 J. Pltf vs Pltf$105.00 B. Young - Aetna Finance Co. vs SHERROD; JOHN 38344 D. Pltf$137.00; 219 - Aetna Finance Co. vs 0. BOHN; Pltf$312.32; bal - Aetna Finance Co. vs MILL LAM L. PENDLETON; $209.50; note ; CHERIE auto damage D. SHERROD AND CHERRY 38343 vs MARLOR AND WALTER $454. 85 ; Co. AND DIANNE 38368 - Utah Retail Credit Bur. vs MICHAEL check 38369 Pltf$15.00 WITTAKER; - Calvin E. Gill vs ARLENE 38371 GERALD HANSEN GERALD AND MRS. 38346 - Paramount Inc. vs bal due vs CAROL Beauty-Supply- DONALD E. Pltf$606.00 38348 GENE ROBERTS; E. WOODWARD WOODWARD; vs Pltf$67.13 Company AND MRS. Pltf $43.71 - Quality Oil Co. vs Pltf$775.10; bal GODFREY; - Peter Lawrence Assoc. Inc HEBER ANDERSON; contract Pltf$5.33 WODTKE; HOWARD L. RICKS; $64.58; bal on acct Pltf 38374 vs BURTON R. note GREEN; Pltf$450.64 32844 - Milton L. Gilbert vs LESTER YD POLLAEHNE DBA HERM'S CAR Pltf$100.00 REPAIR; overpayment 38375 - Nicholas JOSE VIVIAN 38376 Credit Merle vs M. LORETTO 37770 - First Federal Savings & Loan Assn vs WILLIAM HAINSWORTH; Pltf$290.31; $8. 00; $113.00 219 Suits District Court - Brookfield Products Inc. vs 38377 Men vs ARTHUR PEST CONTROL JOHNSON DBA TECH Pltf$163.88; account - Plastic Fabricating & JONES AND TH0RA JOKES DBA AARON CHINCHILLA 06 ; account BREEDERS; AARON Pltf$126. vs RON - Carpenter Paper Co, FLETCHER DBA TACO SIESTA Pltf$351.14; bal 38379 vs GARTH VAN LAVON on acct - Hi -- Land Dairyman's Assn RON FLECTCHER SIESTA; VAN TASSF.LL AND TASSELL; $379.55; note vs - Motor Sportsland.Inc. TEXTRON, TRIES Pltf$1, 474.81 POLARIS INC, AND ARRCO INDUS- INDUSTRIES; Pltf$l,202.28; $162.50; contract - Intermountain Assn of DBA vs Men SHIELDS DESMOND MACHINE L. SHIELDS SHOP Pltf$913.14; account 197918 - Schafeco, Inc. dba YD Motors vs JOSEPH V. TRUJILLO, SR. AND MARGE TRUJILLO; 197919 - Edna L. LAKE ITY; C Pltf$1,087.76 Kopp for trial vs SALT De Novo - Shauna Stocking and State of Utah vs VAN GARFIELD support - Patricia Archuleta and State of Utah vs DBA TACO Pltf$197.45; acct RICHARD STOUT support - Christine Freeman and State of Utah vs JENKINS, support WILLIAM RALPH News From the American Bar Association BOSTON ATTORNEY NOMINATED PRESIDENT-ELECOF ABA CHICAGO Robert W. Meserve, Boston attorney and former Harvard Law School instructor, has been nominated for presidentelect of the American Bar Association by the g State Delegates to the ABA House of Delegates. The State Delegates also announced nominations for ABA secretary', treasurer and five new members of the Board of Governors, to replace five whose terms expire in 1971. Kenneth J. Bums, Jr. of Chicago was nominated to a term as secretary, and Joseph H. Gordon of Tacoma, Wash., to a seventh term as treasurer. Five ABA members were nominated to represent their respective districts for three-yea- r terms on the Associations Board of Governors: William W. Falsgraf of Cleveland, Ohio: C. B. Dutton, Indianapolis, Ind.; Harold D. Shaft, Grand Forks. N.D.: Joyce Cox, Houston, Tex.; and J. Rluinc Anderson. Black foot, Idaho. T policy-makin- - Inter Mountain Assn of OF UTAH; Pltf$500.00; $35.00 ROMERO; - Safeco Insurance Co. vs W. 38378 - Peter Lawrence Assoc. Inc. Pltf$127.83; $7.40; 219 197923 - Schafeco, Inc. dba Supply vs - Peter Lawrence Assoc. Inc. vs 38351 Pltf$50.00 LOIS; 197922 - Utah Retail Credit Bur. HERMAN ART'S 38350 Pltf Pltf$359.91; $35.00; loss due 38349 L. WHITING; GAYLEN Motors vs DAN MEADOWS; Pltf$434.16 $165.00; bal due , - Phillips Petroleum 38347 - Utah Retail Credit Bur. MRS. 38373 Pltf$186.82 services 36929 - Gertrude B. May vs ERNEST YORK AND JEAN YORK aka 197921 vs DANA L. check HANSEN; goods and Pltf$85.60 DIANE WOOD Pltf$163.24; 210 $325.00; contract - Utah Retail Credit Bur. WARNER; Manzanares and Carla Manzanares vs Credit 37372 38345 - Kirk Merkley dba Merkley T. V. Service vs - Walter 197917 $40.00; $35.51; bal on acct bal due $150.00; return of downpayment 38341 ANDERSON contract vs MARILYN check DONALD Pltf$100.00; $201.90; bal 38340 Pltf$35.53 ANDRA; Pltf$356.95; $136.00 ANDERSON; 38370 J. Allan Crockett, Justice - Mortgage Investment Co. DALE EUGENE M. WOODARD; T. WALKER Judgments City Court 197916 vs AND MARY tfs$102.77; $50.92; bal 197915 38367 - South East Furniture LEONARD Pltf$109.24; $53.08 WALKER ROY W. $5. 00 Pltf$190.00; $400.00 unpaid rent Suits City Court Inc. vs Pltf - Utah Retail Credit Bur. vs WILLIAM F. check vs 38337 HOWARD HARDY; DRUCE; Justice A. rf. Ellett, V. Co. AND MARION - Standard Optical Co. vs 38382 - Utah Retail Credit Bur. vs 38365 MRS. JR. ERNEST WALLACE, WALLACE; $18000; 219 Pltf$615.55 STEVEN KARTCHNER; SERVICE Pltf$15.00 H. LUDWIG; vs JAMES R. check READERS' vs 37438 38361 of Cr. Mtn Assn KEYSTONE Pltf$210,12; bal 38381 - Standard Optical P 38364 By and large in the ordinary divorce case the appellant's contention would be meritorious, and the cases decided by this court sustain his contention. The difficulty here is that in exercising the latitude of discretion accorded to and recognised in the trial court in these domestic relations matters the appellant's contention is not immalleable, but must yield to reason and the equities attendant in each particular case. In the instant case, we must and do assume that the court did not intend that the $75 alimony award would be eliminated if Mrs. S. obtained a job paying $75 per month, - or even $175 per month, - or even $389 per rtionth, the income of Mrs. S. at her job at time of the third petition to Eliminate the alimony. We think the facts in this case themselves reflect no abuse of discretion on the part of the trial court in refusing to vacate the $75 alimony award, and we base our conclusion the court views the here, not necessarily on any authority to the effect that facts in relation to the last petition for modification, 1 but because the denial was not capricious when viewed in the light of circumstances existing at the time of the decree, - the $75 award implemented by a necessary and inescapable assumption by the court that Mrs. S. could not survive under any conceivable hypothesis on $75 per month, and there is nothing in the record to indicate she had any other means of livelihood. - Inter OF &TAH AND MONTANA, INC Retail Credit Bur. iftaft HAROLD vs Pltf$40.00; SOKOL; vs contract check 38359 38380 Men - Utah Retail Credit Bur 38357 HENRIOD. Justice: Co. JOSEPH H. AND DESMOND THOMAS page 8 Suits City Court $135.00; note Ralph Arlind Short, Defendant and Appellant. page Pltf$140.00 CULVER; - Truck 38354 Plaintiff and Respondent, 1 7. 8 $50.00; restitution Supply Co. vs No. 12225 Wanda Martha Short, 417-055- - J, Richard Andersen 38353 vs UTAH STATE HOUSE ACTION Pltf$280.00 DONETTA BARTEN; Phone 40th Day $F.RlAl. 38352 - J. E. R. Callister, LEGAL NOTICES: - one-ye- one-ye- ar ar |