Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-05-06
THE STATE OF TEXAS

NJ - VI ih.NHSs
To the Sheriff or any Constable Of Daiias
County,-GREkTIEG -
WHEREAS, THOMAS S. HUCKABAY
w did, upon the 9th day of May, 1871,
flo in the Clerks Office of the District
Court of Dallas County, Texas, his petition
against ELIZA G. llUCKABAY, duly sup
ported by affidavit, to the effect that said
Eliza q. Huckabay is not resident of the
State of Texas ;-Ysu nre therefore hereby
commanded that you, by making publica-
ton of this writ In some newspaper pub
lished in the County Of Dallas, If there be
one published in said county, but if not,
then in the nearest county where news
paper is published, for four weeks previ-
GUS to the return day hereof, SUNNI on
Elm C. Huckabay, who is not resident
of this State to be and appear before the
Honorable District Court, to be holden in
and for tho County Of Dallas, in the State
Of Texas, at the Courthouse, in the town
OF Dallas, on the first Monday in June
next, then and there to answer the petition
Of Thomas s. Huckabay, filed in said court
against said Eliza c. Huckaby: the gene
raj nature md object OF which said petition
is to obtain Divorce from the said Eliza
G. Hucksbay, and alleging in substance in
said petition as follows THAT said Tho
mas S. and Eliza C. JIuekabay we've legally
married ON the 10Th day of July lS47, and
that they lived together as man and wife
until the 9th day Of October, 1870, Mt which
said last date sad Eliza abandoned him
without the intention Of ever returning,
and with That intention has ever since
lived separate and apart from him; that
during the entire time In which they lived
together as man and wife, that he did and
performed all the duties and obligations of
a faithful and affectlonate husband, and
at all times treated her with great kind
ness and Affection but she, disregarding
her marriage VOWS and duties as faithful,
loving and affectichate wife, was from and
after the LIST day Of May, 1866, until the
said date Of final separation, guilty of eI-
cesses, cruel treatment and outfhgss tow
ard him to such an extent, md that said
ili.treatment was Of such q nature as to
render his life insupportable; that said
e1cesses, cruel treatment and outrages con-
sisted, in part, of series Of studied vcI-
atoms, insults and provooations, repeated,
designed and wilful neglects; that she
habitually refused to ride to church
with him and his and her children, but
would walk and Tell neighbors, friends and
relatives that he refused to let her ride !;
Tint she told such to Mrs. Martha Stone
and to other persons; that she hsbitually
and cautiously interfered with all the
trades, or sales of stock or provisions
which he made or sold, and threatened TO
sue him and parties with whom he dealt
for the recovery Of the property or provis-
ions; that she threatened TO sue him and
Wiley Morley for the recovery Of an ami
nal 80 sold 10 Worleyj that she took de-
light In qusrrellihg with and insulting
him in the presence and hearing of their
children, neighburs and relatives, charg-
ing him with inco mpetency to manage his
own afairsi that they only had two living
children, . sou and daughter; that she
frequently, in the presence Of her dsugh-
ter and son and others, charged him with
illici, intercourse with one Mrs. Due and
one Mrs. Irving, and several negro women
that she made the same charges in the
presence and hearing Of the neighbors,
friends ond relatives; that abe refused 10
com. 10 the State Of Texas with hin, al
though their children were both removing
to TEXAS, giving publicly as = reason that
she had better frlends remaining IN len
n,.,ee than be or their children were 10
her.
Herein fail not, but have you then and
there before said Court this writ with
yosr return thereon, showing how you
have eIecuted the same
witness. JgHs n. Laws, Clerk Of the
District Court within and for the county
Of Dallas in ssid State.
Given under my hand and seal Of said
Court, 81 Office in the town Of Dallas, this
the 9Th day Of May, A d. 1871.
JOHN II. LAWS,
Clerk b. C., D. c. TeIas.
BY z. z COONDrs,
Deputy,
Attest
sTEMMONs < AULT.
Anornsys for Plsistis. LS8'4i