The Helena independent., 1894-12-11
THE COURTS ORDER.
Findings Of Fact, Conclusions OF Law and
Judgment In the HeBhiield Case
atFargo.
AN OFFICIAL COPY RECEIVED HERE
Judge MoconnoIl's Summary Of What Ae
Gathered From the Evidence In
the Great Suit.
AN OFFICIAL COPY RECEIVED HERR

Counsel for Mrs. Aaron Hershneld
have received from the clerk OF the
district court OF Fargo. Cass county,
~ D.. a certified copy OF the Judgment
OF Judge Mcconnell In the suit OF her
husband FOR annullmcnt OF marriage,
The decree I'm full is as follows.
This cause came regularly on for
hearing before the court at the court
house, In the city OF Fargo, In the
county and state aforesaid, on the s0th
day Of November A. u. 1894. IL WAS
first made 10 appear To the satisfaction
of the court that this is an action Tor
the vacation and annulment OF a mar
ringe contract that the summons and
complaint herein We're duly filed In the
office OF the clerk OF this court ON the
18th day OF May. 1894; that thcreupon.
upon the return OF the plaintiff, duly
made. whereby II was made To ap-
pear that defendant did not reside In,
ana could not be personally served
with process In said county OF Cass
or In the state uf North Dakota, an
order was duly made for service Of
said summons by publication thereof
pursuant to law: that therefore In lieu
OF such publication personal service OF
said summons and complaint was made
upon the defendant. at the city OF Hell
cna, in the state OF Montana, ON the
ed day Of May, A. ID. 1884, that there
.fter defendant appeared in said action
by Messrs Ball g. Watson, her attor-
neys, and filed an answer to such com
plant duly verified by her own oath
and signature.
Upon the trial OF said cause, which
commenced on November goth. 1894,
and ended on December lst, 1894, plain
tin appeared in person, and by Fred
b. Morrill,. esq, and n. w. Mcconnell
esq. his attorneys: and the defendant
appeared I'm person. and by G. H. No
Ian, esq. and by Messrs. Ball a Wat
son. as her attorneys Thereupon the
parties submitted their proofs.oral and
documentary. and made their argu-
ments. and submitted said cause for
determination by the court. And now
court. being fully advised in the prem
ises, and having fully considered all
OF the proofs, documents. exhibits. files
and records In said case. and having
full knowledge OF all thereof, doth
hereby make and file the following as
findings OF fact:
First. that the plaintiff Is now, and
for more than ninety days Immediately
preceding the commencement OF this
action was, in good faith. a resident
OF the state of North Dakota.
Second, that the plaintin is now
about as years OF age. and the defend
ant Is now about 2l years OF age.
Third, that at Chicago. in the state
OF Illinois on the 27th day of Novem-
ber 1888. the plaintiff and defendant
were married In due form of law, and
n
husband and wife, that such marriage
has never b N dissolved, vacated or
annuled, but f.. now in full force.
Fourth that on and about the Goth
day OF May 1894. the defendant gave
birth 10 a child, Helena. of which child
the plaintiff In this action is the father,
Fifth, That defendant did not, prior
to said marriage. have sexual inter
course with any other person than the
plaintiff in this case. nor did she prior
10 such marriage conduct herself In
lewd, lascivious or improper manner.
sixth. That the plaintin entered into
such marriage contract with the de-
fendant on Nov, a. 1898. Of his own free
will and accord, and that with respect
thereto no duress or fraud Of any kind
whatever We're used or practiced upon
said plaintiff.
Seventh L nat pidlntlA Mhc 0'uhh iil
mind prior 10, on, and subsequent 10
Nov. q. 1893. and well understood the
nature OF the marriage contract on that
day entered into by him.
Eighth. That both plaintiff and de-
fendant were in all respects capable Of
intermarrylng on Nov. "a, l,93, and the
marriage on that date entered into be
tween them was entered into of the
ioint free will and accord OF each and
both Of them.
Ninth. That In addition to all sums
allowed her, the court finds
as a reasonable sum to be paid
to defendant for her expenses, In taking
dispositions. securing the attendance Of
witnesses and other necessary expenses
connected with her defence OF the ac-
ton aside from attorneys fees.
Tenth. That the sum of lis a
reasonable sum TO be allowed TO de-
fendant for payment OF her attorneys In
this action. the same to be In addition
to the allowance OF 5000 heretofore made
In that behalf.
"At the same time, I'm like manner,
and upon the same premises. the court
doth make and file the following as its
conclusions Of law:
First. That this Is an action for the
annulment Of the marriage. hereinbe-
fore referred to, entered into between
plaintiff and defendant on the 9th day
Of November 1893 and that this court
has full Jurisdiction both Of the cause
Of action, and Of both parties thereto.
Second. That said marriage OF No
vember 27th. 1893. was In all respects
valid and binding contract OF mar
riage and the same was and is free
from fraud and duress, and that plain
tin was mentally sound at the time the
same was solemnized.
Third, That no cause whatever ex-
lists. under the evidence herein, for the
annulmpnt Of such marriage contract
between plaintiff and defendant
Let judgement be entered denying
the prayer ~ the plaintiffs complaint,
and dismisslng this action with prpiu-
dice 10 the commencement uf another
based upon the same or similar
grounds, and for Judgment against the
plaintiff, IN favor of the defendant, FOR
the sum ~ --'
The court at Fargo heard arguments
yesterday on the matter Of filling In the
blanks for allowances.
One ~ the most uaeflIl presents for a
lady or gentleman ls an opcru glass. We
have the most complete line ever brought
10 Helena, and every glass II warranted
perfect Helena Jewelry Co.