The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-12
BUTTE News.
SET ASIDE THE DEFAULT
Catherine Ann Simpson Files
Her Answer
IN DIVORCE PROCEEDINGS
She Alleges That Her Husband Knew
Where She Was When the Suit
Was Brought--Wants Ac-
ton Dismissed,
IN DIVORCE PROCEEDINGS

Judge Lindsay yesterday set aside the
default in the divorce case Of John
Harvey Simpson against Catherine
Ann Simpson and allowed the latter to
file an answer and oppose her hus-
bands action. Simpson is merchant
of Grantsdale, who made an assign
ment recently for the benefit of his
creditors. Mrs. Simpson, in asking to
have her default set aside, alleged that
her husband had used deception and
had brought the action and obtained
default without her knowledge, al
though he was aware of her where
abouts.
The parties were married in Paris,
Mo-. Jan. 10, 1878, and Simpson claims
that his wife deserted him on Aug.
z, 1893.
In her affidavit in support of her
motion to set aside the default Mrs.
Simpson says that in January. 1895,
she was living with her husband, the
county. and their children-Mattie
Ann, Nora Bell and Joseph D.. aged Is,
living with them. At the plaintiffs
suggestion and request the defendant
went from Grantsdale, in January,
the purpose of educating their child
rem, and the plaintiff paid their rail
road fare to Fulton and their living
expenses and the schooling of the
children while there for period of
year and a half. In February, 1896, the
plaintiff visited her and the children at
Fulton and remained there for five
weeks. At the request of the plaintiff
she went to Paris, Mo-, to visit her
brothers family. About Is months ago
the plaintiff was in Paris, Mo-, and
the defendant desired to return to
Montana with him, but he told her that
she had better remain in Missouri I'M
til after the children were through
at the normal school, which would be,
he thought, about September, 1898,
after which he agreed to send for her
and the children, but he neglected and
refused to do so, or to provide her
with means to return to Montana, and
she borrowed money and arrived in
Helena on the 18th of last month, and
since then has been living with her
children there. She further alleges that
her husband always knew her postof-
flee address and that no summons was
ever served on her. She also says
that she is in INDECENT circumstances
and is dependent on her own exer-
tons and the kindness of friends for
her support. The plaintiff is earning
$500 month and has an interest in
lucrative, business and owns prop
erty. She asks for 800 month as tenn
pcrary alimony, 5000 as an attorneys
fee and S25 for costs.
The plaintiff was put on the witness
stand and denied every allegation in
his wife's affidavit and said he did
not know where she was at the time
he brought the suit for divorce. Judge
Lindsay, without passing on the in
tegrity of the parties or questioning
the truth Of their conflicting allega-
lions, said that under the circum-
stances of the case and the fact that
Mrs. Simpson had not been served
with summons, she was entitled to the,
right to file her answer, and the de7t
fault was set aside. The defendant's
answer was then filed. Its allegations
are similar to those set up in his aff1-
davit, denying that she deserted the
plaintiff and alleging that she was
only temporarily absent from the court,
with the consent Of the plaintiff for
the purpose of educating their children.
She asks that her action for divorce
he dismissed EP