Show ANIN AHN ELIZA Ys TS BRIGHAM important of rup forsang decision by br chief jo in afee il vic litan or atau COURT I 1 lii february r 1675 im alm ELMI YOUNG tocsin I 1 1 DT BT NEXT mii tc I 1 I 1 to 1 ilni J that a coremin took tn in IM ud rad the t dim didlo it lor for or I 1 am uia the battor co a wain certain other othor marr took place in 1963 1863 waith doh 4 0 pill al ill bd 10 lw ud the allegation in admitted 2 ilia af de fondant expressly an alle alleged od marriage DiT naKo ano and aca n ap drw W matter t IB oli luce of its ll 11 admi adi ailua olon will bo be taken as true tm but ui the of proving the ihu new matter 1 is on oa him 3 wb tho the defendant both denies ud had admits to a allegation of tho the it amounts la in lw law to 0 o ui an admission thereof 1 4 A in ID utah ilam according to tho the forms form of the lh church Oh of which brigham young is il llio tha bead or according to the abo forms foam of the common comman law is i i a lawful fal ud and valid marriage provided tho ilia partied to the contract are tr it at the th tn atme of entering loto into ir if legally competent compete ol to 5 i a woman raid according oc to lo tho ilia forms form of aid Ch church lorch room aoi for divorce ud mad pre pronte gento a coar plaint good ju 10 lawand law and th the admitting the tb marriage and cohabitation silous that the plaintiff tiff had bul another hatband anit od ho he tho the bad another wife lit at ilia time of such laah marriage ligo ataro being no replication under the practice act of utah the iho law 1 denies iamo allegations for the plaintiff and nl tho the defendant must malt prove thim C G if it akiau be borod that a marriage too ought g b t to bo be rd is solved mis to ilia hi knowledge of tho the parties at the ibo time of entering tri ig into it a pol or bin big a moos marri marriage Is I 1 court will not kant i of divorce div oroa hat tho the court Is u not permitted to what the proofs wit will I 1 bo be T this court hu ban authority aut bority in id a proper cuso ciu without any statute provision on oa thu the subject alimony and 8 where a woman ones for divorce oreo mak log lag all fall accessory arar ments to ln lier liar com plaint rod nod the defendant dioio admits the ihn marriage and cohabitation but seeke to hotd by him bim ulf pilly at 0 a he hamoui inous felony a olur clear cam ca Is is presented tor for the exercise of such authority to grant alimony and ruste cocoa 9 As A s gentral rulo ralo alimony Is 1 allowed ant of the hum bando income usually fifth sometimes OBO fourth ait tod la in extreme cuc cases a mail till greater ira r T lion of such i 14 allowe tho rho alimony allkind in the tc buo cuo 1 one of abo hr his income to tx be or ono of what she ha al it to bo be and da ll Is from the filing of tho the complaint this li Is an action for div divorce orco mil and the moved tor for alimony and Stenden indents TIM tilfard d aigin and joha ohn 11 Mo sobrido BrIdo for or tho I 1 kirkpatrick Will Villi temi tims young JE shook oz cn jio tor her complaint the ali alleges other oilier tint that bo be wr was bore bord at to ia the bo otate of it II anels incle 1 i that she ll is now and has been t mines ilau the ilg year 1841 IM l it resident of cf halt lais la in thin oat OD the gib dt day of april 1861 she ilio and it uis the defendant fondant lc brigham young that counte that ever rw since liaw thou she h bu boa boon lod kod in DOW the alio wife of the that at the llo tuno of wit uld marriage she be wa io in ibo year of f her ago go ud and the ibo mother of two tiro ch ildron tho the lam issue 0 ot f a for mor mar marriage that theme ch ildron were aged shoo arr ti royn that deither bo nor liar children iiii any estate etta or patrimony whatever rod thit this they wire entirely depond eDI upon lar fort beir nurture md and education with all al of which it aich facts bioti till the delun diat wu wait will well of ct which ho he had bad been lo iti formed prior to tho the said rid marriage that said faid children cb ildron both of whom are r boys boy are still till living and nd from it tons of hor bar marriage BlUT lo to ilia have been continuously and dd areno wunder bar custody kad and with no co or of support except stick as h OID can provide pro Tido that ihil tor for ft a period of about ono a yr ifor d r lie hr J ri a I 1 the delorid def orid D t to alic iv dard r d zt and acted toward the plan ciff with some loma degree of kindness rod att entina aid it during doring bat time limo to bar maint notice md and the support lapport of tier her two litlo nott not however ho in ft a caunar pro portion sto to lu his means or to her station in 10 afo abat lh daring au all the period mentioned md ator inca thod than she ho boo discharged with fidelity oil the ditties inaam beat out on oa her as ft it a married woman and uniformly noi nemly treated tho the defendant wih the utmost ever mindful of liar AN a wife that about ft a year jw altor bu bid said for some ome cause or sto to the plu abIT met a regardless n of all U bit bid tn marital arll no boni comme meed towards her a systematic course of neglect oruel and inhuman treatment la in an n absolute desertion tt tf hero her and ad forcia it upon her the conviction toil that the defendant DO longer on n artimon for her the lh slightest boeling of if f tion or rep oct md lad had withdrawn from ber bar his support and protection to slit tain these allegations the ibo mateo in ia adall muy many facts fact and od circum blooms abool others that the has am failed mad refused to farbish tier her with food and or the mount to obtain them ud and prays pray thit that by thol tho coil lual decree of this abo lot be ordered oil to support the plaintiff and bor bar children and od that the beads of matrimony between tho ilia plaintiff mad abd tho the defendant be forever dio dissolved solved and that lint during the iba of this motion the bo ordered mil and rog roio aired ired to pay to the abc plaintiff for the dainto nano and support of herself md and addren hd dren kod to hor bar loll citon and nd choun sol ml to aa anis which H 1 verified contain til all necessary and sets MU forth a complete canso of action under tile the statute of U utta tab ill all admitted dmit ted the plaintiff would woold bo be to the relief stay prad ad for As a matter of coarse coar bat tho the c readout has bu Lator posed an answer under ib admitting some lonio mj lad deorlo some of those allege twos I 1 the delond atif first denies id then admits the marriage of 01 april cah tau lu follows allow PI tho yo U ng ud lod for answer lo go the ali b kill of of ilia skid aoa aan ei young plaintiff denies that oa am ilia daiy diy of april apra il at tho the county of tw title like lake Torri territory torY or at t any other time or place um this defendant doron diot lod and ilia said old plaintiff or that alone that flat time alm or it at 4 dy y time uio she said ud hu had beanor beo or 1 th t she ilu 0 now sr li fit vie wife of this dolen dont for taij on oa informal ormah and bo be litt alleged that hit before that tire jovn to iiii on the tenth lentil liy day of april 1863 at salt ke city utah territory tho the mid plaintiff wr was maximo danied to ono james 1 L do aco who in still livic wd that hit ever since the mald tooth tenth day or of april ima tho the said alil plaintiff tiff has bm la bu and on the mai aid 4 sixth day dat of odthe A annl d wu as ud and still li Is tho the lawful wire wife 01 abo uld said jimel james L doo dee devor am this do 1 u BOW ud y lag itten ba diro dITo from tho the load juno jame L LAV doo oa but farther says j that on the sixth day cf april ISM 1168 ud and lit at tho timo time of ilia th hereinafter rotor referred rod to ho he wu omel tad and then verdy that ilia plaintiff hid bad prior to that bit time been boan le divorced train this tb uld amid james U edco dec the abo admission of tho the mar nue nano Is follows follow fl sat bat tho the uyi says dust ile ho md lad the said nid complainant was a oa a the wd ixta sixth dy day of april IM of ilia church oz of jaous christ of latter disy baluto that it wu was a doctrine and of uld said church thit that thereof might right ful foter eater into ID to plural or kurui mu rUi am abid taftt on tho day of april IM 1800 at t wt lake city uw territory la in with md and pursa sut to the ud said dac tria customs and bolie ballf for of the ibo ull said church a ceremony emoDy wu was performed to units anito the plaintiff ud and defendant in whit what li in kubwa u 1 inoh phil plarl or oe lodal mu dar 0 0 eunit the do dios ulc ilist on oa the bo said sixth nith day of april or tt at UT any he bo ud and we tha aid tit phona in ia any faqir other or dIf ferou I 1 moms or ibri that tbt abara admitted ud and As ml I 1 forth ii 11 a an anomaly la pl eulla iHa to ady ilist a coremin place in jor or 0 or r headman ft a other marriage took i isas AD denial K li im not DO good inlaw tha 1 11 lion not being specifically Hully denied 1 Is 1 utah jet ad us ftc 61 C what close do tu the noo loan amount to tot wham abe tb imon to ia an 0 o dirr answer nog cue KIT its ite gertru denials do lill the litter latter may b do ud and cudgma 9 asked upon ur the lormar when the tb complaint is 1 verl ari fled dadi ud sod tile the answer consists of such admission ud and denials Irr enloid rt of at al v seals ft ef al 18 oct cat i blood a lacht il at oat fish t In gion id 11 A wora sworn answer must be b la in itself and must mint not deny to one sentence whit it il alulu to be b th abtil rth the object of dwora pleadings is ii to licit elicit the th troth ud and thin itu oto ob got must le entirely if the ume moms wt may buy be deatel ud and admitted dmit lod to la the tb mamo ow pleading I 1 a tartar 14 cal lift KM tha ded ana ud clfo IT drouil of tho the marriage of april gib is with bli bid adm dm luton that tle parties vera Int lator armar mtr on OD that dy day did ih this dc mean mcm to hint what til he did not act uk MOT la 0 ur any to tt court uit that a marriage berated k d by at a tt of the th chur church 0 of which ho he I 1 li the iho h bul mad is 1 it dull cull iad and void told let I 1 ard lr Q solemnized by tuch such I 1 lm it art y void told ao aa ant in cabled b by I 1 ilo 0 o medd called of cf Dor dogtrot trot a toa alle r ro 0 by the tb an aj mem ei ably bly an titled an aa r it the chyroh of jisuo christ of gatior IJA buchi to provi provida dest aws 3 A and n d b lo 10 0 at it t tarther arth er alit air ibid al U Is u r 0 h iho hi constitutional kud and orI original giDal right in ID no histia with all civil lod tilro ra mu nitice to owl god recording to lolio the of conscience to reverence ron booco corn core ennion to th tho principle r m of truth arid and ro eo a g e ibis abl with the ol of joham carit f foteh il t th ingi liCU rItY aad foil I 1 t of all H b 1 0 0 and embodied la in there ligion of jamme J alt christ tree free to LII ill it Is 1 alm ilm declared that mill amid church chorch ila doc m na louon io OD 0 tho power r aj ad ant bonty ot onty la in mid of buol to lo i tailo nato in mk 0 pu rosso nil Hll I 1 lili rule 9 ordin d ia awn I 1 customs eai toai an nj crite criterions rions 00 for tho the good order comfort kiil 4 condol 4 ol 01 I 1 W WA A charch kc ac irmay II 11 kiy belaik down as 0 9 0 that a marriage solemn izod in 10 utah to either according to the ibo forms forim of tho the I 1 church of gulch young ld the hold bead or according to the forms of the coin mon lw law is a lawful and marriage provided the tb putli to the ibo contract r at t tho the time of entering logo into it ili legally oom potent to intermarry but tho the defendant defeo dui win the bind 1 log f forca 0 rc 0 0 of t b all i s a dm atod marriage to tho the pi gi 0 tl ff 0 on ia t th h 0 cl aih b d dy A y of cf april by alleging la in effect thu that of them was w kt at that tb time tanio competent to soy oy piron person not only addly dow does he allego that the plaintiff was won the wife of james 1 L deo dee but he bo farther answers as follows allows and the tusher answering alleged ORI A 1 I tho the town lon of attl and in tho the state bunla of ohio on 00 the tenth dr day of january 1631 1834 thin being una than AD dunmor aked man aud wf was duly daly tad lawfully to mary ana ADO angrlo by bt a minister of ilia ike 9 goepel it he bo wu wait then and thoro there by tho the lase la 0 of rid d bratel att authorized to solemnize mar rimy 1 tend sad that tho the maid marriage wu wait thou thoa me laj I 1 I 1 hero lolly folly consummated uj sad list the said MA 71 ADD angell angela who is ift gull au living linoki 1 ibea bon an there become and over vrr since laa had been and ad still to lii the lawful wife of this dorenda mt 1 thus dow does the defendant nol on oaly etnie ibo 0 p I 1 wilh th kill but amso guilty guilt of a felony hr big go a tu far u Ire judice himself only will he 10 tak u I 1 arno to but bot bli bid c chergi r so 0 o far tr u they ey bicaj ad ta iacoro OJO UM I 1 U fiut t bo cloteil roy or lioy aul wul I 1 ED tor for a ag tit Z abo be do mn me I 1 proto to that I 1 ibo I 1 nu u the ibo wife of oth md at bo 0 vs 6 himself the teo habad us ad of mother a 0 omd so on tho the gib dy day of april I 1 IMS or hu one to thit that effect on can boys ahto no BO ei 9 as air kalmi the plaintiff there to no alon lo 10 an answer under the practice act of U tab mid and those of this TO donil denil to for the ibo plaintiff by operation of law lav arery material allegation of tho the corn core when it is nota by tho the answer tor lor tho the purpose of the action bo be taken as broo a tho the allegation of now new matter in 10 affie answer hill hall on OB the ibo trial bo be by tho ad Tc sit I 1 utah t toa y al a to ga M rOh I 1 iho ital 0 of the und is to la adopt the true ind and jona rulo rule that the derenda must mait either door deny the facts as 1 I doged lo godor or conte and iad eye taid it I 1 them W abon ben now matter exists it must mud bo be stated la in the an war now hoir matter Is that which doctor lb III role ralea of evidence the ibo donadt dond Dt most establish it if thoon the jonii vis of proof is thrown upon the abo dofan dauL the ali miltor matter to bo be proved by him to is now dew matter cumy aroln 10 ra 22 tbt had and the iho defendant another wife at tho the timo time of the marriage on the ath dy day of april 1863 1869 aro are allegations of M noir ow matter and this dow dal matter the ia w denied for lite suit tid requires require the iho defendant to provo prote 11 19 being admit admitted tod that hl the ibo ilia b barelo to it theotime tho almo I 1 angur nd p alico I 1 sec 0 in io the complaint evidence in u necessary to determine q 1 waa the lb plaintiff on april oth ch 1808 1868 the ibo wife vita of 0 james I 1 L dot deny 2 WAR the at autland IKirt laoJ land in the state sattoot of ohio on the bolh dy ot of january Jin otry ISM lawfully more to lo daiy ann ADD angell md and wr was tho the wd uld MITT mary ann his wife on apiu gah IM 3 if f t aleto hall bo be determined theadora the adeRa elt ints against abo it will mil then become in important import aDt quest on whether tho ilia 11 end uil lag ita liu treated tinted tho the unkindly cra cruelly elly or or faiad to which la in we answer kD Birer the tie dete donam as it if boTO bowe Tir vcr tho the drat ant two tiro questions int loz or ifcher of them shall lall be k lute mila inot the or in other words if it shall appear that tho the par ties tic have knowingly entered into a polye moo moms or bigamous bici nom Diirr side court Coar will twill not grant fruit the ditorro prayed for bat bab the ho court is in tact dot permitted to presume what the ovi denos will be tho the wll eg to or 1 11 0 i i 2 to bo be widely scattered in U elih lmh inOh in alno ioor or aud and tho the litigation ls is to ta bo be protracted md and expensive cm can the court lawfully require atio he detentions to ao pir |