Salt Lake Telegram | 1928-09-13 | Page 2 | Divorce Tangle Settled in Supreme Court

VORCE E TANGLE V SETTLED IN SUPREME COURT C 0 URT rf V AA V V V Decree Final in- in 6 Months Ruling Opinion landed Handed Down in Case of Allred Alired Against Woods Setting at rest the question as to when an interlocutory decree becomes final under the Utah statutes the state supreme court in iii an opinion handed down Thursday in the case of Julia Allred against Harry Wood and Ella Fielding determined that a divorcee is free to marry again six months after the divorce decree is granted upon which the supreme court ruled originated in Grand count county Harry Harr Wood It appears married Ella Fielding April 4 1926 the latter having obtained an Interlocutory interlocutory Inter Inter- d decree cr e seven lIeven months before Julia Mired Allred the record Indicates instituted a legal action against Wood and was awarded n. n judg- judg To prevent certain real leal estate estate es- es tate from being taken to satisfy the judgment Wood claimed exemption exemption tion on the grounds that he was vas a a. married man The trial court before which the case was wa tried held that the marriage was as void old as having occurred at a a. tin when Ella FieldIng Fielding Field Field- Ing was as prohibited b by lav from froni marrying anyone excepting the man manfrom from whom she had been divorced The court also decided that Wood was not not to interpose the exemption claim on grounds that he heras was ras a married man man and head of the family Wood app aled to the supreme court and andy decision of at the lower court was reversed That part ot of the supreme courts court decision which definitely fl fixes the time that must elapse between the issuing Of an interlocutory Interlocutor decree and the time when a divorcee can again marry marry is as follows The case is submitted upon th thc sole sale question of the validity of UHf thc UH- defendants defendant's marriage and that i f Questioned only with T to- to time when it occurred with wita relation to the time ot of the divorce of Ella Fielding from her former hush husband It It Is conditional only that the divorce di- di vorce not become absolute nh- nh solute until the lapse ot of six month from the date of the entry ot of tiu- tiu decree In cases In-cases cases like the one under review where no h has 1 been made for an order that the divorce dl- dl vorce do not b become come absolute thi record proper contains butone 1 de- de The code of civil section authorIzes authorize appeals only within six months from the entry ot of the judgment or order appealed from I There being but one decree and andOne andone one date ot of entry it must follow that In cases lile the the one ne under con On- consideration an appeal m may y be taken within six lib months from the date of the entry ot of the decree and nut not thereafter V It is the conclusion of the court that the right of appeal provided and authorized by law in th the case casl under review was limited in point of time to six months from the date of entry of the decree in the divorce action And that such uch period wa va the limit of time during which the parties d divorced were prohibited b by bylaw law la lafrom from marrying other persons The of appellant with Ith Ella FieldIng occurred not during but the period of prohibition and in point of time was a a. valid marriage The trial court erred in holding the V I oId and In denying the claim daim or of exemption e The judgment is reversed and t cause Is remanded to the district court with rith directions to recast its HI conclusion of law and to enter entel judgment in accordance with this