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Hallford v. Industrial Commission of Arizona

Supreme Court of Arizona

June 11, 1945

JEWEL BERTIE HALLFORD, widow of William Isaac Hallford, Petitioner,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, and RAY GILBERT, FRED E. EDWARDS and EARL G. ROOKS, as members thereof, Respondents

APPEAL by certiorari from an award of The Industrial Commission of Arizona.

Award affirmed.

Mr. Stephen B. Rayburn, and Mr. H. M. VanDenburgh, for Petitioner.

Mr. David P. Jones, and Mr. H. S. McCluskey, for Respondent Commission.

Morgan, J. Stanford, C. J., and LaPrade, J., concur.

OPINION

Morgan, J.

[63 Ariz. 41] On November 29, 1941, the respondent Industrial Commission made an award to petitioner, the widow of William Isaac Hallford, for a monthly payment until her death or remarriage, and a payment in one sum of $ 1663.20, in the event, and at the time, of her remarriage. On November 14, 1942, the petitioner married one Wade V. Williams. The respondent paid her a lump sum as provided in its award. On February 17, 1943, petitioner filed in the superior court of Maricopa County a complaint for annulment of her marriage with Williams, alleging that the marriage was null and void for the reasons following:

". . . said marriage is null and void, and of no effect in that the defendant was guilty of misrepresenting his condition in life, and that he stated to plaintiff that he was making sufficient money to support plaintiff, and that he would continue to make a home for her and support plaintiff.

"That immediately after the date of said marriage, defendant moved into the home of plaintiff and refused to provide funds with which plaintiff could secure the necessities of life, and that it was necessary for

Page 306

plaintiff not only to support herself, but also to support the defendant, and that defendant wholly fails to make any effort to carry out the promises which he made to plaintiff, and that the statements of defendant were false and fraudulent.

"That upon learning that defendant had misrepresented his condition in life, and that he had misrepresented the fact that he could and would support plaintiff, plaintiff caused defendant to remove himself from her home, and that plaintiff has ever since said date [63 Ariz. 42] refused to maintain marital relations with the defendant."

On March 23, 1943, the superior court entered decree annulling the marriage of petitioner and Williams, based upon the following findings:

". . . and the court, being fully advised in the premises, finds the issues in favor of the plaintiff and against the defendant, and finds specifically that the plaintiff's complaint states a valid and subsisting cause of action for annulment of marriage, and that the plaintiff has proved all the material ...


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