Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-04-19
Alias Summons

fr NeS s,enbens, plaintiff, VS.. Nicho-
LUZ c,onbens, defendant.
ds emu state of Idaho SENDS greeting:
l,scnodemus stephens oeiehoan''
90 ,on are hereby summoned, ano re.
you 90 appear in an action brought
Quireo con by said plaintiff. In the
agal", ,'.,r;ct court and to answer the
saio D,n, of the above named plaintih
cOmp'a -o,n within ten days (exclu-
ne so n the day Of service) AFTER me
sN. ,es on you of this summons II
servi,' within this county; or II served
ser'.s This county. but within this ju-
ou' district. within twenty days; or
d'c'a' elsewhere, within forty days.
action is brought to recover
.0dement and decree against you as
,'.;ng the bonds of matrimony here
s.re and now existing between you
'D', Tho plaintiff on the following
grounds u,.o. >. .o,,,a.
.,e nlaintiff, for period OF more
,han two years the common necessar-
u.s. # life. having the ability so to do.
o.aCruel and inhuman treatment
j., vou of the plaintiff.
Plaintiff alleges;
10, That four years ago you struck
,,o nlaintiff with your clinched fist
I,,,.ing her face and leaving a scar that
sbe hears to the present day
N, That about the 25th day of
yorcb 1908. YOU beat plaintiff over the
hood with a heavy shoe and dragged
n,ointiff about upon the ground by the
soir of her head and beat and bruised
n,o,ntiff with clinched fist and on many
other different occasions plaintiff al
,eges YOU have beaten and abused her
cansine her great physical and mental
main and suffering and have treated
naintiff in such a cruel and inhuman
manner that plaintiff can not longer
live with you.
srd-That at this time you have
abandoned plaintiff and are living
away from her and have committed
adultery, as plaintiff is informed and
believes. with a Yakima woman. name
unknown at this time to plaintiff and
that YOU are now living in a remote
mart of the country all without cause
or reason from plaintiff.
4th.-That plaintiff is unable to live
with the defendant by reason Of de-
PENDANTS intemperance continued for
period of more than two years last
past defendant being most Of the time
and whenever you can obtain liquor
;ntn cd tn
extent as to be unable to attend to the
ordinary business affairs of life.
Plaintiff also alleges that there are
living the issue of said marriage two
children. Simon Stephens. a boy. aged
10 years and Williams Stephens, a boy,
aged years now living with and been
living with plaintiff since their birth,
and for the support Of whom you have
contributed nothing during the two
years last past. And plaintiff alleges
she is suitable and proper person tn
have the care. custody and control OF
said two minor children and that you
are not suitable or proper person to
have the care or custody Of said chill
dren and plaintiff prays that the care
and custody OF said children be award
ed to plaintiff.
Plaintiff also alleges that you re-
ceive from an allotment Of your own on
the Nez Perez Indian reservation rent
that averages some 5000 and more per
year and that plaintiff and yourself are
the equal owners of a deceased child's
allotment upon said last named res
ervation that brings an annual rent or
income Of some 1880 and more per
year heretofore taken by you leaving
plaintiff to support said children with
out returns from said allotments
Plaintiff also alleges that 5000 is a
reasonable attorneys fee to be allowed
pialntiHs attorney in this transaction
Plaintiff prays that the bonds OF
matrimony between you and plaintiff
be dissolved.
mat she have such portion of the
income from the defendants allotment
as may be just and reasonable with all
the income from the said deceased
chllds allotment and that you be re-
strained from interfering with the rents
OF the said deceased child's allotmen,
ana such portion Of the moneys from
your allotment as the court shall ad-
Judge just and reasonable.
That you be required to pay a rea
sonable sum into court for the ex.
penses OF the action and counsel fees
ana such further sum to plaintiff TO,
anmony as to the court seems Just TO,
paintlfs support during the pendency
OF this action.
mat plaintiff be awarded the Gus.
'oay and control Of both said children
and
trays for general relief.
All OF which more fully appears BY
ieierehce to plaintiffs complaint t.
"n'cn reference is hereby made.
Aho you are hereby notified that II
'ou 1ail to appear and answer said
.v'nplalnt as above required the said
pa'htiH will apply to the court for the
'e'iei demanded in her said complaint
ATTEST my hand and the seal of the
s.rict court Of the Second judicial
uistTlCt state Of idaho t. e..