Salt Lake Tribune | 1916-12-24 | Page 11 | May Carry Action to Higher Court

MAY CM ACTION TO HIGHER COURT Common Law Marriage Is Virtually Denied by District Dis-trict Tribunal. Special to The Tribune. ' OGDEN, Dec. 23. A decision which virtually denies recognition of Common law marriages in Utah was rendered by Judge X. J". Harris in the district court today when he granted a motion for non-suit in the case of Luann Manning against Harvey B. Jones and Daisy Jones. There is said to be a possibility that the action will be carried to the supreme court of the state. The suit hinges on the claim of Luann Manning to a one-third share in the estate of Henrv Manning, who died in Salt Lake April 29. 1916l on the ground that she was the wife ot Manning. It is averred that Manning conveyed certain property to Jones, but that Mrs. Manning, the 'plaintiff in the present i suit, did not sign her name to the con-i con-i veyance. j Her suit was based on the contention that she was the wife of Manning and, therefore, entitled to a one-third interest inter-est in the property conveyed to Jones. Evidence in the' case brought out the fact that Luann Manning was the plural wife of Henrv Manning, the first wife having been Margaret Manning. Following the death of Margaret Manning the husband did not have a legal marriage performed for Luann Manning. As a result of this, Judge Harris holds that she cannot set up the contention of having been a common law wife of the man, and on this conclusion he granted the non-suit motion of the defendants de-fendants in the action.