OCR Text |
Show THE DAILY PAGE FOUR ' i Mortgages Release 312 beneficial Life Ins. to Alma G. Gels 318 Parley 3$0 352 35U Cut House. Loan to R. Love etux. State Sav. A Benef. Life Ins. to Seare Morrison etux. 1st Nat. Bank Zelda Houser. to First Security St. Bank Zons Bank Valley to Bank Valley Utah State Retirement Fund to Dale G. Aston etux. 736 M. Kenneth Barley K. t State Sav. 768 Paul to Lon L. & J. Loan & to Frampton etux. Jones etux. 769 Security Title, Tr. to Marvin E. PBguillan etux. 399 Fast River Sav. Bank to Russell L. Strohn etux. 771 State Sav. & Loan to Victor H. Stuckenschneid-e- r. I02 Valley Bank to Lavinnia Cook. as 101. 102 Same 108 Cleon LeMan etux to United Bond & Fin. 126 State mutual Life Assur. to Glendale Zerull etux. 110 J 111 & K J 118 & K etux to Enterprises. Kenneth White M. J 153 Enterprises. Kenneth White M. Water Service Agreements etux to Kenneth White M. & K etux to Enterprises. McGhie Land Title, Tr. to Richard L. Kunz etux. 155 McGhie Land J. 157 Title, Tr. to Richard Andersen etux. McGhie Land McGhie Land J. 165 Cecelia T. Rogan 857 Vfest 100 North Hulda A. Nelson 668 South 1000 Vfest . Gail S. Finch 3916 South 2820 Wast 2192 South 2000 Vfest Melvin R. Springer 2615 South 1000 East Gordon Louie 511 South 700 East Title, Tr. to G. S. Wright 235 South 500 East 191 First Security St . Bank to George Gregersen etux. 538 Freed Company to Luther E. Eggertsen etux. Walker Bank to Jack Zumbrunnen etux. Fast 3300 South. S. George etux. 596 East 600 South California Tirea 357-5- to Bank Charles H. Jennings etux. Robber West 200 West 9 William R. Whit acre 7273 South Walnut Way 603 Prudential Ins. to Robert Layton Stegger etux. G. 601 Prud. Ins. to Pioneer Robert A. Brown Building. 859 A. 605 613 6ll Metropolitan Life to G. Lichfield etux. Wm. Bruce Northcott 7263 South Walnut Way Terrace Hills Drive Breadket N, Clawson 2238 Redonodo Avenue Government National Mtge. Charles E. Olson etux. 0. S. Broadbent Empire Savings Bank to Norman Hazen Schiffman Ray I. Anderson 8090 Oak Creek Drive etux. 6l6 Valley National Bank to Corporatin Nine. to 620 Anchor Savings Bank Carl L. Boner etux. 632 Tooele Fed. Cr. to Boyd F, Montgomery etux. 631 First L. Fed. Sav. to Robert Mil,er etux. 635 American Nat. Bank Dons. 636 First Fed. Sav. F. McDool etux. 116 Post Street James L. Flmmons 1811 West Nebula Way Max Young 1102 Navajo Street Melvin Springer 6025 South Lorrenn Drive G. E. Harris 2 119 Fast Loren-Vo- n Drive Martha Mills to 1053 Logan Avenue to Wells Edwin S. Pearson 2501 Kensington Avenue Jr., DeVon Hansen Marvin L. Hendrickson to S. J, B. Const. lll9 610 Marvin L. Hendrickson to S. M. B. Const. 1081 Glendale Drive. 660 Commercial Sec. Bank Salisbury to etux. Indiana Avenue Little Jerry H. R. Cavble M. 1321 South Fortune 707 Continental Bank to Thurlow H. Bullen etux. Shirley Hoopiiania 251 Fern Street 708 Salt Shirley Hoopiiaina 252 Fern Street Lake Meat Co. HENR10D. Justice; Appeal from a second amended decree of divorce with respect to an increase of alimony and 2) a stipulation relating to support of children after their majority. Affirmed as to 1) and reversed, with reservations as to 2). No costs awarded. 1) The parties were married in 1943 and divorced 19 years later in 1962, when Mr. Kiger filed an action against his wife; who, during the period of coverture, bore him seven children. Thereafter Kiger, a psychiatrist and presently head of the Utah State Mental Hospital at $35, 000 per year with its emoluments, married another woman. Mrs. Kiger is single and employed at the University of Utah as a secretary at approximately $445 per month. At the time of the divorce Kiger's income was about $16, 000 per year and at the beginning of 1972 his income had risen, after 10 years, to his present $35,000. At the time of the divorce, Mrs. Kiger was awarded $235 per month alimony, and $350 per month for the support of the children, all of whom now are emancipated, which alimony, support money and emancipation since 1963, a year after the divorce, have precipitated a series of bitter legal encounters, periodically instituted by one, then the other via the order to show cause route, why something should not be changed, modified, vacated, or reinstated which, if not pursued designedly to harass or for purely selfish purposes, with little apparent concern for the children or anyone else save the litigants, appear to have' followed the modern progressive pattern of wrecking homes, - in this case one that persisted for 19 years. This might prompt one to hazard a paraphrase of the saying " A plague on both the houses" to "A plague on both sides of the house," Callister v. Callister, 1 Utah 2d 34, 261 P. 2d 944 (1953). the terms of the stipulation having been modified to hold Kiger harmless from payment to children after their emancipation, are alterable and having been altered without any reason given for not doing so, are effective and dispositive. to Thurlow H. Bullen etux. 218 Fern As to the decision of the trial court that the stipulation of the parties was contractual we hold no brief and express no opinion, since that is a matter generally, and certainly in this case, outside the scope of the court's jurisdiction, since the court cannot contract for divorcees. The stipulation might be the subject of an independent action by the affected children, who, as third party beneficiaries, conceivably might pursue their paterfamilias on a promise, for a consideration, if there be one, a plan we do not praise, prohibit, pray for or pre -- judge. Kiger appealed from the entire judgipent, which requires treatment As to that: The $150 attorney's fee which initially was awarded, awarded againf and awarded again in the three decrees, later was questioned by Mr. Kiger, and after arguments no doubt costing the taxpayers more than $150, it was thrown out because Kiger had said no e vide Ace had been taken to establish this fabulous sum. Technically, he has comfort only in being right. However, about this time the second Salt Lake County judge who himself must have been driven to the point where he needed psychiatric assistance, vacated the award when the matter which had been laid to rest, again raised its ugly head. The court asked Kiger's counsel if the matter of attorney's fees, not exceeding $150, would be submitted to die court without taking evidence, to which counsel agreed. The court then the $150 for the fourth time. Nonetheless, counsel made this issue a matter of appeal by appealing from the whole judgment. We lay this matter to rest pnce and for all and affirm the $150 award, subject to any objection on the part of Mr. Kiger. In that event we order an evidentiary hearing on the matter of attorney's fees without regard to the $150 amount. of attorney's fees for Mrs. Kiger's attorney. 638 Don Ray L. M. Cummings, Clerk 1. Bring jurst First Security Margie Fulp Kiger, Defendant and Respondent, 13, 1973 As to 2): Counsel for Kiger is correct in his analysis to the effect that a stipulation by the parties is not binding on the trial court, and that Fritzi Feulner Metropolitan Life to FILED February v. without merit, and so hold. Bstion Fast 1300 South 32-- 38 578 Plaintiff and Appellant, As to 1) above: The original alimony had been reduced apparently because Mrs. K had the intestinal fortitude to go to work and there was an uppagq of support for the children. Had she seen fit not to have gone to work to improve what appears to have been a losing proposition to support herself and some children, Kiger would be in a sadder position today with respect to payment of alimony and support money, and we can commend Mrs. Kiger for her willingness to work when she could have stayed home, and hardly can we compliment Kiger in complaining of an additional $100 per month, alimony award under the circumstances. We think his first point to be quite David D. Collings 1163 East 2700 South Ken 323 2511 East Glenn N. Lords 715 No. 12939 Rogers. Kiger, In this case the three Utah County district judges having jurisdiction over the matter avoided it after the first decree and an amendment thereto, apparently because of expressed acquaintance with the litigants, - and guessably because of an understandable disinclination to continue to be umpire between the militant parties to this litigation. Whatever the reason and to add to the confusion two Salt Lake County judges were drafted, one after the other, to try the ensuing animosities and counter -- animosities, resulting in a second amended decree. W. Wade Title, Tr. to Western Tecton Inc . 516 . Gene Babb 1562 South 1000 Richard Andersen etux. McGhie Land H. Borz Tye 1111 West 100 North Title, Tr. to Porter Brothers Realty. 163 Metropolitan Life Ins. to Martthew W. Rowland etux. 782 In The Supreme Court Of The State Of Utah Co. Builders etux. B Guardian Life Ins. to LaMar K. Lindsey etux. 756 Lon L. etux to Curtis etux. White David K. Richards to J Jones etux. 386 721 711 Blaine T. Kimball etux. 385 State Treasurer to Tru 720 etux. TUESDAY, FEBRUARY 27, 1973 RECORD Street Shirley Hoopiiaina Way Counsel for Mrs. Kiger asks this court to award attorney's fees for defending this appeal and presenting a claim for counter -- relief, and bases his urgence on Alldrecfee v. Alldredge, 119 Utah 504, 220 P. 2d 681, (1951), where this court set an attorney's fee in a very said case involving an impecunious mother of eleven children. No case has cited Alldredge v. Alldredge with approval with respect to that aspect of the case. We believe and hold that although justice seems to have been done in that case, we should have returned it to the trial court with instructions to take evidence as to a reasonable attorney's fee under the circumstances where reasonably she was justified in appealing, and to enter judgment in accordance therewith. In that respect, we disaffirm our ruling as to attorney's fees in the Alldredge case, but in doing so, hold that in a case like the one before us, we feel constrained to, and say that Mrs. Kiger in resisting this appeal, and we think justifiably, and under the particular circumstances here, is entitled to attorney's fees. We remand the case with instructions to take evidence and having done so, if the court so finds, make an appropriate award of attorney's fees for services performed by her counsel on this appeal. |