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Show TUESDAY, MARCH 2, 1971 THE DAILY RECORD TWO PAGE the marriage; and that this, together with the fact that the older children expressed a preference to live with him. shows that the trial court abused its discretion in not awarding him their custody. up of - State 83597 Dealing with disputes over the custody of children can be a very complex situation in which there are many factors to be considered. In regard to that problem as here presented, in order for the court to best assist in alleviating the existing troubles, it is necessary, that the law impose upon the parties the duty of realizing and acting in an awareness of certain basic propositions: that making the choice as to custody of children in close cases is among the most perplexing decisions that judges have to make; that it is hardly to be expected that a judge can take a bad situation and fashion from it any perfect solution, or even one which will completely satisfy all parties concerned; that even though their marriage has terminated, they continue to have some responsibilities to each other, and more importantly, to their children; and that in order to minimize rather than to continue the aggravation of their difficulties they should give expression to their concern for the welfare of their children by exercising the highest degree of tolerance and cooperation of which they are capable. Reverting to Defendant's specific contentions: it should be noted that the preference expressed by the children is only advisory upon the court. The faults of which the defendant accuses the plaintiff undoubtedly seem less serious in other eyes. This appears to have been so of the trial judge, particularly as they may relate to her qualifications as a mother and custodian of the children and manager of their affairs, with respect to this there is much to be said in her favor, including the capability, industry, and continuity in her work. A. JOHN vs Tax Comm First vs CARLSON Sec. Bank We acknowledge the correctness of defendant's contention that, this proceeding being in equity, it is the prerogative of this court to review the evidence and to make findings and substitute its judgment for that of the trial court when the ends of justice so require. Nevertheless, as we have often declared, due to the advantaged position of the trial court he should be allowed considerable latitude of discretion in such matters and we will not change his judgment merely because reasonable minds might have arrived at a different conclusion, nor unless the evidence clearly preponderates against the findings, or it appears that there is such an injustice or inequity that there has been plain abuse of his discretion. Considered in that light we are not persuaded that there is any such unfair- ness or inequity either as to custody of the children or the arrangement as to their economic affairs as to justify our intervention to change the decree. garnishee; Pltf$207.00 garn judg 225 196154 - Walker Bank & Tr. Co vs OWEN WRIGHT, INC; Pltf$85.20 Martin 3342 - Salt 186354 PIONEER Affirmed. The parties to bear their own costs on this appeal. County vs Judgment rendered 197463 - Corpn of the Presiding Bishop of Church of Jesus Christ of L. D. S. vs DON R. CARTER Pltf$950.00 KATHERINE CARTER; AND $308.33; 225 Margaret H. Hlbbs JOHN W. RICH SOFT CUSHION BUMPER CO. RICH'S Pltf; $6,8H7.20; $1,241.41; $27.00 222 28372 - Continental Bank & Tr. vs WILLIAM H. TOMLINSON; Pltf $140.14; bal on acct GMUCA; - Gordon Meeklns vs 28357 bal BRYSON Pltf$150.00 D. WALLACE; on motorcyle - Western States Thrift 28358 vs WILLY C. WILKERSON AND MRS. BILLY WILKERSON; bal Pltf$90.00 due 28359 - Firestone Tire & Rubber Co. vs C. S. WOOLLEY; Pltf$31.03 check - Gall Anderson vs 28360 KROLL; tuition - David Craig Randle vs 28361 AKA RONALD L. FOSTER Pltf$200.00; loan 28362 - - Leon PHILIBIN; due - Lee Olsen vs - 28365 vs Q. GORDON I. HOLT vs AND Pltf$4, 110,03; $887.81; $5,000 agreement 198037 Inc. vs - Peter Lawrence Assoc. BARBARA HENDRICKSON; Pltf $1,315.60; $360.00; note 198038 - Fuchsia Jones vs E. JONES AND THE EQUITABLE LIFE ASSURANCE SOCIETY OF L'.S. ZELMA proceeds of life Insurance policy 198039 - Carl J. Huff and Barbara Huff vs DAVID LEE OLSEN; Pltf $100,000; $1,500.00; death claim P. Judgments District Court 183541 - Saundra ROBERT 224 A. Low MARTINEZ; t her vs Pltf$4,000 142189 - Security Development Co. vs FAIM, INC. FEDCO INC AND FEDMART, INC; no cause of action 223 197284 - Commercial Credit Plan Inc. vs MRS. HUSTON SPRADLING Pltf $1 ,078.32; $372.23; $24.00 224 District Court 197284 - Commercial Credit Plan Inc. vs DEAN C. HOGGAN; $135.15; $24.60; 224 197205 vs ALAN Pltf$3. - Knight Adjustment Bur. V. LEWIS DBA ALAN LEWIS CHEVRON STATION; $27.60; 225 MIKE L. Pltf$159.01 ARNO Pltf PHARES 25 dba HOLT $ 106. CONOCO - Pltf$148.74 BURTON; - Avery I 1559 - Anderson Luniber Co. vs L. LEONARD - Intermountain Farmers Pltf $527.00; $140.95; 224 $I35 . 32 NORMAN LAUB; 196795 - Derrll 0. Simpson vs ROBERT A. EVANS AND ANNA MAE Pltf$600.00; $158.33; $24.40; 224 SMITH; BROWN gam Judg 223 Class Conn vs vs Bennett Pain, garnishee; $83.19 L. ARTHUR & Pltf$111.63; bal 28371 - First Security Bankamericard MRS. MORRIS P. AKA MRS. SPEGAR; 25 due PETERS Pltf$117.38; Divorces Filed - Joan E. Gels vs Donald Walter Gels 3334 - Joyce Sudweeks vs LaVar J. Sudweeks 3335 - 324.73; 225 I - Victoria Smith vs Jann Smith 3336 Joyce 3337 - Allen 0. Taylor vs W. Taylor - Sharon Jimmy Lee Ann Bryant vs Bryant 3338 - Gall Jane James T. Little 3349 State Tax Commission of Utah vs I. F. C. vs Tracy Collins Bank and Trust Co. garnishee; 81-7- DBA NORGE REYNOLDS TOWN; vs - Janet 3350 Bllanzlch vs G. Haworth va John 1350 - Frances Ann Eagle vs Charles Sherman Eagle 1857 - Paula Jean Gray vs Larry Richard Gray 1879 - Lois T. Hanson vs Jack 0 . Hanson Elizabeth - Valerie Montabue 2332 vs Gary Le Le Mon Mon - Penny Marsh vs John Rankin - Larry Lynn Rogers vs Third District Court Calendar Tuesday, March 2, 1971 183572 Little vs - B. L. Dart, et al vs (Jury) Western Pac. Ins. Co. Bryce E. Rose 19453$ & D.G. - Gayle Hunt vs Christian Bill J. Angelos, etux vs Clinton S. G.D.Hunt & Roger Cutler 185422 - Ray T. Samuel son, dba Campbell, etal John McCoy & Lavar St ary 192267 - Gate City Steel vs (Jury) Stanley Ranquist C.R.Henriksen & Stanley Ranquist 194471 - Knight Adjustment Bur. vs Anastacio Villalobos, Jr. Thomas Vuyk & Rulon Burton Wednesday, March 3, 1971 191000 - John St. Clair vs R. C. 184150 Verland J. Turner Dibblee & H.G. Christensen - Porter vs A. Carter Union Pac. R. R. Co. David S. Kunz & Norman Kettner 185222 - State of Utah vs Charles D. Keuhn, etux Clare A. Jones & M.K. Davis 192917 - Ray K, Hughes vs (Jury) Olivia rhillp Fishier 192943 M. Fitt Gerald Turner Darlene Rehrig & vs - Bonnie Keele (Jeffs) Val Dee Asay Alan Frandsen & Matt Bil.lanic 194583 - W. Hughes Brockbank - Emily Clark vs John Harold F. Roberts F. Robert Bayle & L.J. Barclay vs Wayne L. Jeffs Clark Ann J. Bllanzlch Haworth ASSOCIATES 3333 196407 - Gecc Leasing Corporation vs ERNEST R. PEACOCK; Pltf $2,957.16; $24.60; 223 791028 - State Tax vs bal on bankamericard $30.65; 224 197356 B. Newson Pltf$85.00 misrepresentation of furniture LANDMARK 28370 Jill George 55; auto damage A POSH AN DBA 195162 - Lee A. Brown and Carl T. Smith vs COLLEGE OF OFFICE AUTOMATION; Pltf $2, 250. 00 Assn vs Judgments 2562 Taunya Lee Rogers damage - First Security Bankamericard 28369 COMPANY 2411 - Eleanor Margaret Ogden v Thomas Edwin Ogden bal on bankamericard acct A. H. Ellett, Justice DIV OF SINGER SINGER CREDIT CORPN; - Steven Kent Jacobsen Marjorie Gwen Jacobsen 2556 vs 2667 S. Hutchinson vs Pltf SERVICE; 28368 vs Ancel Dewayne Hamberlln 1786 J. YOUNG COMPANY; Pltf$105. - 28367 - Janice Marie Hamberlln refund Illegal F. Henri Henriod, Justice Craig Collard line Corporation of A luma WOODS; - Jolene Collard vs Larry Marsh KAY Pltf$150.00; FRANK Pltf - Lawrence Reda vs 28366 R. L. Tuckett, Justice 2522 dba Leon Vance Vance TOM $90.39; bal on acct INC. Divorces Granted VACUUM SHOP A- -1 Bennett vs 694 - Isaac Herrera vs Cook Herrera Clifford Allred vs GEORGE BROWN DBA Raplen vs AUDREY Pltf$75.00; return of R. L. FOSTER Am. Inc. vs 3348 - James E. Mary M. Bennett 2518 to fence RIDEN, Co - Brent Jepson vs FRANK Pltf$73.00; auto damage 28373 BARTON; Brewer, 3346 - Randy Charles Wafford vs Anita Veverica Wafford 3347 - Paul William Mary Ruth Raplen - Marian Hamilton and 197290 DBA - Michael Joseph Fiedler Chrlstel Fiedler 3345 28364 Jr., Chief Justice Jennings vs Wood vs 28363 WE CONCUR: W. - Craig In favor of defendant; $400.00 224 $30.09; bal - J. 3344 Deborah Louise Jennings Texaco vs 198036 - Dolly Martin vs Richard - Barbara Phearson vs Michael Riearson Lake LAND CO. Matson vs M. Matson 3343 224 Pltf$40.00; defective refrigerator District Court W. Small Claims Court At the time of the divorce plaintiff's take home pay was $532 per month; defendant's was $403 plus a net of $220 per month from other work. The parties' principal asset was their home on Bryan Avenue in Salt Lake City. They indicate that in its purchase, remodeling and furnishing they have invested something in excess of $20,000. They have substantial current debts. The major ones in round numbers are Salt Lake Teachers Credit Union $9200, Granite Teachers Credit Union $1400, loan from defendant's father $5300. These debts were being paid off by each party thus: $253 per month by defendant and $133 per month by plaintiff. The decree ordered them to continue these payments; and awarded each an undivided one half interest in the house and furniture, with possession remaining with "the person having custody of the children. " They each have and retain their own automobile. Suits - JoAnn 3351 Ralph The Economic Settlement E. R. Callister, Divorces Filed Judgments District Court vs I |