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Show Vs .J; CL' t PT I rit UnivorRitfyof Uth Llbrnri'S City. Dth Salt VOLUME 15, NUMBER WESTERN R m&l'h 41 TUESDAY, MARCH 2, 1971 LEGAL NOTICES: Phon 487-065- 1 ' -- Vi; ;?' SALT $iv Husbands counterclaim granted in lower court - LAKE CITY, UTAH LEGAL Suits City Court gp 38463 - J. ADWl'LL ; and Pltf TEACHER LOSES APPEAL IN DIVORCE ACIOf for custody of children & support Husbands counterclaim granted lower court Full ire r L. vs Thomas IRENE ADWKLI. $392.50; rent fn The Supreme Court Of The State Of Utah Marjorie Lee Baker Plaintiff and Respondent. V No. 12098 February 26. Alvin D. Baker. Defendant and Appellant. L. M. Cummings, Clerk Counsel: Mangan & Verharren George E. Mangan Company Defendant, Alvin D. Baker, appeals in a divorce action in which he was granted the divorce on his counterclaim on the grounds of mental cruelty. He attacks only the portions of the decree which award custody of the parties three minor children to the plaintiff, Marjorie Lee Baker, together with $50 per month support money for each child, and $550 attorney's fees. The parties were married in June, 1956, and reside in Salt Lake where City they are both school teachers. Their children are: boys, 13 and 11, and a girl, age 9. Plaintiff has been teaching in high ages school and junior high school since 1955, the year before her marriage. Defendant continued his schooling after the marriage and graduated from the University of Utah in Education in 1961. He was not able to obtain a position as a teacher at that time. However, he worked at various jobs and at the time of trial was also employed as a teacher. .. Plaintiff's grievance was mainly that defendant spent too much of his time checking up on her; that he came to the school where she taught and discussed her conduct with other teachers; that he did the same with their children and enlisted their help in keeping watch on her; and that he made accusatory, abusive and insulting comments about her in the presence of the children and others. Even from the point of view of the defendant-appellawe can see be to much now as to which nothing gained by conjecturing unseemly conduct of the came other nor in provocative first, weighing neceties as to who should share the greater degree of blame. It is apparent that although there was substantial fault on both sides, the trial court was justifiably convinced that the situation between the parties had become so intolerable and irreversible that there should be a parting of the ways; and that as he 17 N. WTLDE; PI CEORGF. $65.00; note 38470 - Vera R. R. 11. tf$158.42 ; Custody of Children Shortly after the initiation of the action in October 1968, the district had ordered that the parties attend the Family Counseling Service; and judge the that staff conduct an investigation. The resulting evaluation was made available to the court and counsel for both parties in May 1969. The court supplemented this by interviewing the two older children as part of the trial in June 1969. in which they indicated that they would prefer to live with their father. It was in part at least because the parties seemed to be trying to use the children as pawns between them that the court continued the trial until in August of 1969. Then in October 1969 when the court entered the order granting the defendant the divorce, he awarded "probationary" custody of the children to the plaintiff, with the understanding that the question concerning permanent custody would be again considered after January 1. 1970. When this was done the court granted permanent custody of the children to the plaintiff, with the defendant being given appropriate rights of visitation. It is not to the discredit of these parties that each so earnestly, seek the custody of their children. Defendant argues that the fact that the court granted him the divorce indicates that he was least at fault in causir-- the hreiV. Plan vs 36786 I'-- 38471 - Walker Bank and Tr. Co vs WILLIAM R. TAPP AND ELIZABETH PltfS834 . 57 ; note TArP: 2 - Mr. .' .' 38473 - Dr. George V. Hinckley, 0. vs MILTON R. WILLIAMS AND Pltf$155.00 bal due - Aetna Finn net: Co. vs T. PAYN'-'Pltf 5R03.05 ; $14.00; 224 Standard MpLicnl Co, GRANT K. PI HASSLE; $7.00; $109.17; 225 tf $277. 52 Suits District Court' 198019 - State of Pl SMITH, M. tf ULali $.,fl5.4. State IT di r SWENSON ; vs GEORGIA lvpnyir.ci.: cai .i i.l ' - lay-u- ; ! . ni 198021 - Kaylcen Daniels vs GEORGE IRVING MATTHEWS ; onplaiut under Tltf .t- act Tooele vs Postal Finance Co. AS AY ; ri t f$775. 90 Pltf WOLFCRAMM; 38476 - L & S Theatre Supply Co. vs KIAHAB URANIUM C0RP dba PLAZA THEATRE ; PltfS398.60 amount due RICKS; vs Xcwbold W. - Salt 198023 vs J. C. rote CO; Auction Lake Auto DBA MARTIN MARTIN f T1 1 M01 OR COMPANY; $ 2 , 9 9 i . on $650.00; note $100.00; bal due 38477 - Fred B. BRADSHAW C. BRADSIPW; Pltf BARBARA HARD $1365.00; $500. 38475 - Dr. George V, Hinckley, M. D. vs MA1KGET WOH'CRAMM AND VAKE RIC AND $150.00; note - llorne-ZwiCorporation vs J. 198024 Pltf$660.00 Const ck PI COMPANY; tf $ 1 ruction B. CONSTRUCTION , 881 . 71 ; $457.58 note - Valley 198025 WAYNE vs Bank (, Trusts L. PLOTTS DBA DANIEL GRANGER dam'-- e Pltf AND AUTO; TRUCK $300.00; agreement 38478 - Newspaper Agency Corp vs ROBERT A. NATTRESS, CIAUDIA T. NATTRESS AND MARY BACKMANN Pltf$380.52 bal 38479 - due International Center, Inc. INC. vs 198022 - Freed Finance Go. of 38474 vs ARLYN J. ?! ! 120.0:3; 226 28304 ll v CEi'NDV' 1C ; 198020 - Barbara Ilwti and Mrs. Russell M. C. Nielsen vs 1.. D. P1US299.00; $700.00; damages 38-- II Finance Loan ;md Biidi-.e- t Pltf$135.00 $75.00; note f$30 ' . 81 ; f '. EAT Nielsen vs MEYF.RHOKFER; DBA vs LOVEiS - - Studcr Vo'kswagen,Inc. Pltf$592.00 198027 GARY vs UNIVERSAL DISTRIBUTING CO. INC. DBA UNIVERSAL TOYOTA AND GERALD REESE; Pltf$2,595.00 bal due 38481 - Utah Retail Credit Bur. vs PAUL HAMALA; Pltf$40.00 38482 - Utah vs ANN PERRY ARCHULF.TTA Pltf$45. 97 ; check Retail Credit Bur. MIKE O'DONNELL LEVICF. MAYNARD; - 11. Patricia R. Neal Cluphf and Cluphf vs MICHAEL E. CROWLEY; Pltf$3,000; $149.00 $85.00; agreement 198029 198031 - Electro-Voic- e, Inc. vs ELECTRONIC DEVELOPMENT - Peter Lawrence Assoc, vs JHI! AND Pltf$133.20; 38484 - Peter Lawrence Assoc. Inc. vs CLE0 FINNIC; PI tf$87. 21 38485 - Peter Lawrence Assoc. Inc. vs JIM MOWER; Pltf$109.G2 account 38486 - First Security Bank of Utah vs FRANKLIN D. RICHARDS; Pltf$654.90; $8.20; $200.00; note C0RPN; Pltf$3,545.70; bal 198032 - 38488 - First Seaurlty Bank of Utah va UV.Vt'! WVTFN; Pltf'1' $175.00; note - Wilford Ward vs OF OFFICE COLLEGE AUTOMATION, INC. CARY GEF. VAIL PHILLIPS, LEO CONK AND 31 LESTER NEAL; Pltf$6,610. $5,147.85; bal due 198033 vs - Walker JAMES C. Trust Co. Pltf$1 ,922. 10 Bank b HALL; note 198034 - Bonneville vs HAL A. LAFLEUR, VERNE Credit Corpn MARY HELEN ELIASON, CHARLES MOORE, ALAN S. PARSONS, A. VAN LANGEVELD, DAVID JILL K. SVTT1! MARCENE TWEEDIE. AND EDITH WALKER; Pltf$1500.00; $35.00; K. mortgage 1O90TS t , uLiul t - - i .wiuiiiij; vs l.U'l SON, MR. GERALD M. CLARK AND MRS. GERALD M. CLARK; & PATRICK SMITH; Pltf$409.20; auto damag I Pnblialiing rn South-Weste- Company vs PARSONS, 38487 - Kenneth E. S chef ski and vs GORDON Connie M. Schef-.k- l LAUNDRODBA BENCH EAST HOLT E. MAT; Pltf$228.50; damages 38489 Pltf$25,000 $1,757.07; auto damages and pers injury 198028 bal due and damages contract Lott vs ferred 20 VAN D0NGEN; contract PARKER; OWN $200.00; return of station wagon 38483 Lynn Donald Olympus Credit Agency L. CHRISTIANSEN; transfrom Murray Court 38480 - Margaret Van Zant vs LARRY S. vs Pltf$315. STORE; Trade 198026 RONALD THE TAPE DECK check Having so concluded, the trial court very properly proceeded to treat as quite a separate problem the devising of an arrangement of the family and their resources that would best enable them to reconstruct their lives to the highest degree possible on a happy and useful basis, with the paramount consideration being given to the welfare of the children. 1 With this point of view we have no disposition to disagree. l 37664 - 38469 - Family Finance Co. vs : - DENNIS Pltf$196.9S; $75.00; ;es. Aid'.- $Wl ,;lf VS 00, YOU'..; PI I f ,K; 38468 - Nationwide Finance Co. of North Hurray vs WAYNE W. nt appraised the evidence as to the relative faults between them, the divorce should be granted to the defendant on the ground of mental cruelty. U1 I N1LS0N AND MRS. I. NFISOY; PI $840. 0; $115.00; mit MARY ANN WILLIAMS; This marriage had been in such troubled circumstances for considerable time that both parties desired a divorce. Plaintiff filed her complaint in October 1968. Defendant answered and counterclaimed for the same purpose. As a result of the quarreling the defendant had moved in with his parents who lived across the street. It is evident that the defendant felt so jealous and suspicious of the plaintiff that his surveillance of her conduct made her 1 if 2 miserable, and that she, at to some extent, so conducted herself aB to justify his suspicions. He complains: of her lack of serious commitment to her wifely responsibilities: that she would hardly ever come straight home from school where she could and mostly did leave by 4:30, but usually would not get home until around 6:00 in the evening; that on Saturdays she would always spend all day and most of the evenings away from home; that as a result he was unduly burdened with the care of the children and household duties; that she often spent her evenings at places different from plans announced to the family; often left school in the company of another man; and that her conduct with other men even in iheir own home on occasions embarrassed and distressed him. Field Enterp: $403.17; $10. h0; note ' ; $9.60. 226 6 Lake - i.FW":; ..-V- . 38467 - Budget Loan and Finance Plan vs ROBERT C. DUTTON; Pltf $212.92; $85.00; note llOP!'.; CROCKETT, Justice: .1. 384 66- - Ctty; Iltf$300.36; 1971 - mf.-ii.Y-- Thrift FILED Counsel: Joseph P. McCarthy 33172 WAYNE WAYNE of Salt AND Gl.N'iM.i'N tfs 147.40; 38465 - Bank of America vs CARL S. FOSTER; Pllf$359.72 bal due Peoples Fiunnci- (.;5! - 37875 - Ralph W. WuLli and Dime Wall in v Sii.rid.N' 38464 - Konda PACIFIC Pl t f$999.00;insui mice Phi-:...- City Court Judgments U.WTS k .1. Maxfiold INDEMNITY INSURANCE CO MOTlCfj; Pltf$751.78; $25.00; bal 1 |