The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-25

AS foreshadowed in The Herald OF
yesterday the preliminary steps for the
opening up again of the divorce suit
of Carrie D. Welsh against Isadore L.
Welsh have been instituted by the
filing of notice of motion and affidavit
for the setting aside of the decree.
The notice served on the PLAINTIFF S
attorneys, Messrs. Moyle, Zane &,
Costigan. is to the effect that on Satur-
day next the defendants attorneys,
Messrs. Gerald G. P. Jackson and J.
C. McNally, will move the court to va
cate and set aside the decree of di-
vorce entered on March 10, 1896, for
the reason that the decree was OBJ
tanned by fraud on the part of the
plaintiff in that she, or her agents,
falsely and fraudulently procured one
Sam Lewis, attorney at law, to appear
in said cause as counsel for the de-
PENDANT using for that purpose a pre-
tended power of attorney, and that
Simon Wolff, as agent or representa-
tive of the plaintiff, well knew that
the purported power Of attorney was
obtained by fraudulent appropriations.
Further it is stated that the plaintiff
fraudulently procured or caused to be
procured testimony to the effect that
she was a resident of this state; that
defendant was an habitual drunkard
and failed to provide plaintiff with the
common neceSSaries of life, all of which
was false
THE AFFIDAVIT.
The notice of the motion is accom-
panied by an affidavit made by the de-
PENDANT, Isadore L. Welsh, in which
it is set forth that the complaint in the
suit was sworn to by one Simon Wolff,
who commenced the suit and procured
the appearance of Attorney Sam Lewis
as counsel for affiant without the
knowledge or consent of affiant, and
that affiant knew nothing of the pro-
ceedings until he read the announce
ment that the divorce had been granted
in the daily papers.
Affiant admits that he executed
power of attorney to Fred Simon and
John M. Zane authorizing some at
torney thereafter to be selected to ap-
pear for him in an action for divorce
to be commenced by the plaintiff in
some eastern state, but not in Utah
because the plaintiff was not a resident
of Utah and had refused to come back
to Utah and live with the defendant.
Affiant, however, objected to the suit
being brought in New York state be-
cause of the after effect to the issue
of the marriage, adultery being the
only cause for divorce in the state of
New York, and it is alleged Fred Simon
agreed that the plaintiff would &C
quire a residence in the state of New
Jersey before commencing proceedings.
Since the granting Of the decree affi-
ant alleges he discovered that the
plaintiff, through her agent, Simon
Wolff, made overtures to friends of
aff1ant that affiant should apply for a
divorce from the plaintiff on the
ground of desertion, and that if affiant
would consent to take such proceed
ings, said Wolff would pay affiant the
sum of $500 and costs. That had af-
faint known of any such agreement in
the nature of bargain and sale he
would never have given the power of
attorney, and that when he gave the
power of attorney he was III hopes
that before a legal residence could be
acquired by plaintiff he would be able
to effect a reconciliation with her.
Affiant then declares that the al
legations of habitual drunkenness and
failure to support which are made in
the complaint are false; that although
he was not able to maintain a family
in New York and himself here, while
Mrs. Welsh lived in Salt Lake he al
ways provided literally for her and
since she has been away he has done
the best he could to supply her wants
and those of his child