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Show THURSDAY, JUNE 29, 1972 PAGE THREE TNK DAILY RECORD Births S.L City Hr. and Mrs. Gary c. Kaatler 8725-16E. aon., Building Permits Mortgages Release 45 8880 $2 000, bid 2 story duplex, br. parking provided. Bill Athas, 561 add 563 J St. Cont: F, C, Stangl. Mr. and Hr a. Kendall Gardner Orangeville aon. Mr. and Mr a. Harry Gullmer 548 V. 5200 So( daughter son 8883 $1500, dining 8887 $2000, bid bl. gar. Mr. and Mr a. Richard Combs 251 E 3600 So. son. Hardman, Mrs. and Mrs. Wendell Madsen 10550 S. 2200 Heat Riverton Mr. and Mrs. Richard Cordova 8630 S. 1836 W. Son. E F. Robert Stark Bountiful, . aid Mrs. Carrol L. Johns ton 6161 Ceder St. daughter. E. Daughter 8922 $104 000, bid 3 new bl. warehouses, Soters Inc. and Mrs. Jesse L. edvards Mr. an mrs. Ronald L. 5941 Center, aon. 8925 $3504 bid 2 rm. addn. D. D. Maxfield, 2887 Filmore. f reopen 8928 $504 int. remodi and reshingle roof and repair walls, T.A. Toronto, 77 D. St. Mr. and Mr a. Robert Garnett 3925 Halmark Dr., aon. and Mrs. 4342 S. 4000 MT. Calln W. 8938 $25,004 warehouse addn. Big O Tire Co. 4105 S. 2300 W. Cant: Mills Const. D. Jones Son. 8940 $3004 install new siding Mr. and Mrs. Paul Sharrott 8047 s. 830 E. Sandy, aon. ' 1511, 1513,1515 S. 6th West. 259 E. 4800 So, con in restaurant, Cave Inn Inc. mftftftftftftftftfliiftftftftftftftftftftftffiffi HINCKLEYS A ft ft INVENTORY SALE ft ft BRAND NEW C0LT- S- BRAND NEW CHARTERS $2095 $2997 quaranfeed as long as yea own it BRAND NEW DARTS BRAND NEW POURAS $2298 quaranfeed as long as it quaranfeed as long ELI X 10th So. and Main xx is 359-765- 5 ft ft ft $3655 you own ft ft ft quarantsed as long as you own It ft as you own I Way Renter Off Ehrin Peterson 15 700 N. 2 Renter, In The Supreme Court Of The State Of Utah Judyth Oswald Kent, Plaintiff and Appellant, No. 12665 FILED v. May 26, 1972 Robert Douglas Kent, Jr., Defendant and Respondent. L. M. Cummings, Clerk The parties to these proceedings were divorced by a decree of the district court on November 15, 1968. The decree awarded to the plaintiff the sum of $160 per month as alimony. The plaintiff filed these proceedings on or about March 30, 1971, wherein she petitioned the court to enforce the alimony provisions of the decree and for other relief. From an adverse decision the plaintiff has appealed to this court. The defendant had made the monthly payments through March, 1970, at which time he ceased making further alimony payments. On or about March 20, 1970, the plaintiff entered into a purported marriage with one Gary L. Thulin. Thulin represented to the plaintiff that his prior marriage had been terminated by a divorce. The plaintiff lived with Thulin for a short time and upon learning that he was still married to his former wife and unable to contract a valid marriage, she ceased to live or to cohabit with him. The plaintiff commenced an action to annul her marriage to Thulin and a decree annulling the marriage was entered on June 4, 1971. After the plaintiff's purported marriage and prior to these proceedings she con' ceived and gave birth to a child. 333 S. Main. $500,000 f TUCKETT. Justice: bid att. carport, James E. Coffey, 1215 Carousel St. Mr. and Mrs. Jeffery B. Arrl ngton, 259 E. 4800 So., aon 115 H. White 870 E. Millbrook 8971 $604 det. gar. and hard surface driveway, Glen B. Eaff, 1226 Glendale Drive. 8919 $600, Mrs. G. Wayne Sorenson E. daughter. Off R. . bid off. addn. Schmidt Sign Service, 1235 S. 2nd W. C. Dale Capps Off Robert Whitecar 5U0 S. Orchard Dr Renter office, Richard Bell, 303 E. 21st S. Cont: Mel Ingersol. 8917 $1400, Peteraon, Off s E. 1200 S. Owner 8967 $1804 br. veneer law bid bldg, for wkahop and storage, Louis M. Martines. 864 S. 10th West. Mr. Mr. Bountiful Electricity Const. 8915 $300, Mr. and Mrs. Elmer Glllard E 12400 So, Draper, Daughter d 1201 W. 9 Conti W. R. Smith. 635 1388-2n- Alfred L. Cole etux to Richard Q. Cbrgridge ' etux. $2504 ' J 007 8964 $124004 bldg, for research masonry, Waghe Brown and Boyd Nielson, 420 Wakara Way; Cont: Neilson 8909 $1350, bid gar. addn. M.A, Stokes, 1727 E. Stratford, Cont: G.C. DeHaam. 8911 $2300 bid kit. fr. addn. C.- E. Hunt, 1871 Wyoming Mrs. Leslie Szukala 200 W. Bountiful, son daughter Mr. and 2459- - Topas. 8904 $5000, bid fam. rm. Donald L. Davis, 1249 Buccaneer Dr. Cont: Bailey Co. 212 E 900 No. 7107-13- th 8959 $2004 fam, rm. addn. Frank O. Christenson, 1141 8903 $265, slab for patio, Thomas J. Stewart, 1967 S. 8th E. Const; Bart Swapp. ghfcer. Mr. and Mrs. Mark 8898 $2500, enlarge kitchen 8900 $80, 000, bid off. addn. FMA , 2060 E. 21st S. Cont: Cannon Const. Co. Mr. and Mrs. Lloyd Williams 932 E. 350 H. Bountiful, dau c Second Mortgages 8958 $15,004 bid warehouse storage and off. addn. Clinton H. Withers, 360W. 8th S. Manuel Outiverse, S. Yale Ave'. daughter. and Mrs. E. 1st S. Cont: Talboe Oust. Co. 69 8896 $123, reroof parUof roof, E.H, Lyman, 739 E. 8899 $1000, bid. bL gar. Mr. and Mrs. Allen May 165 200 So, bountiful aon. Mr Lia-m- ar Goodwin. 8956 $1, 505, 671, main addn. to bldg. Mtn. States Telephone Hook-Up- Mrs. Rodney Park East, son. Mr. and Mrs. Allen G. Pedersen S 1350 cover patio, Paul Huish, 2906 Sherwood. Daughter. 3327 8953 $1204 bid new gar. alum, sidewalls, Arthur H. Strong, 1841 Yuma, Cont: Mills Const. & Mr. and Mrs. Harvey Price 741 W. 1300 South Woods Cros Mr. and P. Harlin. 9th S. aon. 168 It ter. 21at So, daughtel. 4050-15- th rm. only, Pearson Enterprises, Inc. 161 W. 6th S. Cont: W. 8886 $500, repl. porch real, E. M. Brtheway, 521 N. Cen- Mr. and Mrs. Michael Ralph Mr. and 8948 $104 004 bid foundation patio slab addn. Edward Slaughter, 2159 Emerson Cont: Brylish Construction. and Mrs. Phillip Story 3492 Emigration Canyon 1431 E Allen Steele Co. Green Street. Mr. and Mrs. John H. Hendricks Ave. aon. Jr. 766-9- th Jr. 8946 $34 004 bid comm, bldg, addn. Steel Warehouse and Supply, 1340 S. 1st W. Cont: 8882 $250, new wood floor on porch, Mrs, N el a on, 837 Mr. and Mrs. Craig L. Smith 3804 Lorner, Daughter. Mr a. Drive In. br. and bl. const. Arctic Circle Inc. 523 E. 17th S. Cont: Robert Crawford, 8881 $100,000, warehouse addn. Valley Storage Co. 1915 S. 8th W. Cont: Lawrence Construction. Mr. and Mr a. Alvla J. Hancock 2075 8. Main Bountiful, aon 2458- - 8943 $45, 004 bid Archtic Cr. ft. ft ft ft The trial court found that the plaintiff's conduct in conceiving a child after learning that her marriage to Thulin was void constituted an election on her part to look to Thulin for support and that she was estopped from claiming alimony from the defendant from and after the date of the purported marriage. The court did make certain adjustments in the original decree by increasing the child support payable by the defendant. Plaintiff is here seeking a reversal of the decision of the court below insofar as it pertains to the defendant's obligation to pay alimony. The rule as laid down by prior decisions of this court is to the effect that a divorced wife upon remarriage loses her right to claim alimony from the first husband. However, in this matter the marriage between the plaintiff and Thulin was a nullity from its inception. The marriage being void ab initio was not a sufficient foundation upon which the plaintiff could claim the right of support from Thulin, nor did the decree of annulment award support to her. The right of the plaintiff to claim alimony was not terminated by her entering into the void marriage, and we are of the opinion that the trial court was in error in so holding, especially in view of the fact that the record indicates that the plaintiff was dependent upon charity for her maintenance. Nor do we think that the plaintiff having conceived and given birth to a child estops hex from claiming the right of alimony from the defendant. The decision of the court below is reversed and the matter remanded for a new trial. No costs awarded. WE CONCUR: E. R. Callister, Jr. , A. H. Ellett, Justice Chief Justice F. Henri Henriod, Justice J. Allan Crockett, Justice 49. 269 P.2d 284. 48 A. L.R.2d 256. 1. Austad v. Austad, 2 Utah 2d 2. Sanders v. Industrial Comm., o4 Utah 372, 230 P. 1026. 3. 48 A.L.R.2d 296, Sec. 9. W. |