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Hiatt v. Hiatt

Supreme Court of Arizona

June 27, 1938

C. R. HIATT, Appellant,
v.
MILDRED HIATT, Appellee

APPEAL from a judgment of the Superior Court of the County of Cochise. John Wilson Ross, Judge. Judgment affirmed.

Mr. Lloyd C. Helm, for Appellant.

Mr. W. G. Gilmore and Mrs. Laura F. Gilmore, for Appellee.

OPINION

LOCKWOOD, J.

Mildred Hiatt, hereinafter called plaintiff, brought suit against C. R. Hiatt, hereinafter called defendant, for a divorce, for alimony, and for custody of the two minor children of the parties. The action was based upon the alleged failure of defendant to provide plaintiff and their minor children with the necessaries of life. Defendant answered, setting forth that he had properly provided for his wife and children, going into some detail as to the circumstances and denying that she was a proper person to have the care of the children. Thereafter plaintiff filed three separate motions, (a) for temporary alimony pendente [52 Ariz. 285] lite, (b) for suit money, and (c) for the temporary custody of the children, and served notice upon defendant that she would call up the three motions for hearing on February 2, 1937. The minutes of the court for February 2, 16, 23, and March 2, show the following entries in regard to the case:

"(Feb. 2, 1937). This cause came on regularly for trial this date, on plaintiff's Motion 1. for support money, pendente lite, 2. for costs of suit and attorneys fees, 3. for order restoring to and placing with plaintiff herein the sole control, custody and care of the minor children pending trial.

"The plaintiff present in person and by W. G. Gilmore and L. F. Gilmore, the defendant present in person and by George M. Roark, Esq.

"The plaintiff called as witnesses... and the plaintiff rested.

"The defendant called as witnesses... and defendant rested. Counsel agreed to submit briefs covering law points.

"It is by the court ordered that February 16, 1937, is the date when a decision will be rendered in this cause."

"(Feb. 16, 1937). This cause came on regularly this date for decision of the Court, the plaintiff present by Laura Gilmore and the defendant by George M. Roark.

"After due consideration it is by the Court ordered that the residence of the plaintiff is Cochise County, Arizona. It is further ordered that the defendant pay the sum of $35.00 per month for the support

Page 693

of the minor children and the further sum of $100.00 as and for plaintiff's attorney's fees, and it is further ordered that upon the presentation by the plaintiff of a formal written judgment and its approval and signing by the Court judgment will be rendered in favor of the plaintiff and against the ...


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