138 P. 136 | Utah | 1913
On application of Anna M. Benson we issued an alternative writ of mandate directing Hon. M. L. Ritchie, Judge of the Third judicial district, to make findings and conclusions, and to render a decree or judgment in a case pending before him, wherein Axel Benson is plaintiff, and the petitioner, Anna M. Benson, is defendant. It is shown that Axel and Anna 1VI. Benson are husband and wife. They have four children from three to nine years of age. Jn August, 1912, he filed a complaint against her for divorce on the ground of cruelty. The acts of cruelty alleged are that she “had been unduly familiar with other men,” especially with a particular named man, and that she “on or about the 9th of April, 1912, refused to longer live with” her husband, left their home at Sandy, and went to Salt Lake City, where she has since resided. He further alleged that he was the owner and in possession of ten acres of land, but '“that, when she deserted” him, he “deeded to her said tract
It is not claimed that, by reason of the subsequent proceedings — the filing of the amended complaint, and the motion to strike it — the making of findings and the rendition of a decree, as theretofore directed to be prepared and submitted, were suspended or withheld, nor is the failure to-make findings and to render a decree justified or excused on any such ground. Since the judge, by his answer, disclaimed that the case was held to permit the husband, after the statutory period — one year — had run, to file an amended' complaint for a divorce on the ground of desertion, and since he has not claimed that findings and a decree on the case as tried and submitted in December, 1912, were suspended or withheld, nor in any manner excused or justified a failure to-make findings or a decree on any such ground, we pass that.
So let a peremptory writ issue, directing the judge, within five days after service, to make and file findings and conclusions, and to render a decree or judgment in the case referred to, Axel L. Benson v. Anna M. Benson, now pending before him, and as' presented and finally submitted to him for decision by both parties on the 12th of December, 1912.
Such is the order. No costs are allowed.