The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-08-09
A JOLLY LAWYER.
The Uniqu complaint Drawn by "
San Francisco Attorney Something
New In Legal Documents.

From the san Francisco ChIOhlcI'.
The suit of Ellen Donnelly vs.. c. H..
Burton ct al. was called up in the
Twelfth District Court yesterday or II
motion to strike out a portion OF the com
plant. The action Was brought to re-
cover $S36,O5, money paid over on an
order of the Fourth District Court. The
proceedings grew out of the divorce case
of Ellen Donnolly vs. Thomas DOnnolly.
The unique and decidedly interesting
complaint was drawn by an attorney OF
this city, whose skill in shedding halo
Of romance about u legal document, com,
monty made up OF "atoresalds' AMI
"whereases," can not be sufficiently adj
mired. The opening chapter l. rs ioI-
lows:
On the I'd of May 1882, there lived
in one of the States OF tue American
Union y man whose name was Thomas
Donnolly, and in the same State !lved
this plaintiff, whose name WAS Ellen.
Tbj. said Ellen and Thomas beng dcsIr-
on. OF linking their dcStinies, met on
said day, and By the intervention OF
clergy The two became husband ami VIE
As such they jourmeyed smoothly and
quietly tor the period of nealy twenty
wears. when Thomas becoming tired OF
Ellen. straved.in search ofan affinity, and
was gathered up by maiden ~ the
name of Bridget Berry, who in time be-
came Beecherlzed by the same Thom-
AS. And there WAS born to them son
named John, who took the name Of Don
nollv Then Bridget out OF respect OF
her son, also assumed the title Il Dom
molly. That some time thereafter, about
the wear 1858, said Thomas and Ellen,
Bridget and John, abandoned their
homes in Onic and came To this State,
where they have since resided, most Of
the time III this city. Time passed on, and
John was growing b. manhood without
means, and lone mother to support
Thomas beheld the situation, and being
Ge,Irous OF making some provision Tor
the support of Bridget and John, and
being out OF debt and in easy circumstan.
ces. and engaged in lucrative business
t,,k rom the Joint @ ,rninls and accum-
uIations OF himself and Ellen few hun.
dred dollars and invested the money in
three pieces of land, taking the deed to
one niece in his own name, another IN
the name of Bridget Berry Donnolly, as
Gift to her, and the third piece in the
name ol Thomas John Donuolly rs q
gift. Time passed on, and Thomas mt
being satisfied with enough, venturcd
his mony in stock speculations, and in It
short time the bears and bulls had got 1t
all. leaving Thomas with his business
much reduced. In this connection
Thomas became fretf.l and peevish, and
he learned to love and cherish Ellen no
more, who was lett in her lonely cot high
on the banks of Mason street, TO starvc or
die Of hunger or old age. Ellen could
endure these things no longer, and on
the 3Oth Of April, 1873, she commenced
a suit against Thomas, Bridget, and
Thomas John. She asked adivorce tlom
the former and a decree ofone-haii OF the
common property as against Bridget and
Thomas John.
A divorce was granted, and it was de-.
creed that the property above mentioned
standing in the names of Bridget and
Thomas John. was held in trust for Ellen
The creditors of Thomas, he having
failed in business, made q succesSin! levy
upon the proceeds Of the sale OF property
and the present action is to recover back
thcmoney. The motion was taken under
alVlscmcut