Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-04-27
Alias Summons

Ati18 SUMMONS
.,o district court of the Second
.,aI district, state Of Idaho. in and
Nez Perez county.
10, nov stephens. plaintiff, VS.. Nicho-
,s Stephens, defendant.
oe mne state Of Idaho sends greeting:
N;cbodemus Stephens, defendant.
o., are hereby summoned, and re-
"a 70 appear in an action brought
qa,net YOU by said plaintiff. in the
ss,d district court and to answer the
.n,n,aint of the above named plaintiff
.a therein, within ten days (exclu-
N'..o ~ the day of service) after the
.,,,ce on you of this summons. IL
we'd within this county; or II served
~. y, this county. but within this ju-
tito, district, within twenty days: or
- served elsewhere. within forty days.
rn,. action is brought to recover a
.,dgment and decree against you dis
Living the bonds of matrimony here
.o,ore and now existing between you
and the plaintiff on the following
grounds;
tor the plaintiff. for period Of more
than two years, the common necessar-
,es Of life, having the ability so to do.
9nd.-Cruel and inhuman treatment
nv YOU Of the plaintiff.
Plaintiff alleges:
(a) That four years ago you struck
the plaintiff with your clinched fst
cutting her face and leaving scar that
she bears to the present day.
M That about the 25th day of
March, 1903, you beat plaintiff over the
head with a heavy shoe and dragged
nlaintiff about upon the ground by the
hair of her head and beat and bruised
other different occasions plaintiff al
,eees you have beaten and abused her
causing her great physical and mental
main and suffering and have treated
p]aintiff in such cruel and inhuman
manner that plaintiff can not longer
live with you.
3rd-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
part Of the country all without cause
or reason from plaintiff.
4th.-That plaintiff is unable to live
with the defendant by reason Of de-
fendant's intemperance continued for
a period OF more than two years last
past defendant being most Of the time
and whenever you can obtain liquor
in an intoxicated condition to such an
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 a suitable or proper person to
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 or
the Nez Perez Indian reservation rent
that averages some 5000 and more pc,
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 OF
income Of some $175.00 and more pei
year heretofore taken by you leaving
plaintiff to support said children with.
out returns from said allotments.
Plaintiff also alleges that $4,000 is &
reasonable attorneys fee to be allowed
plaintiffs attorney in this transaction
Plaintiff prays that the bonds O
matrimony between you and plaintiff
be dissolved.
That she have such portion Of tn,
income from the defendants allotmen
as may be just and reasonable with al
the income from the said deceased
child's allotment and that you be re
strained from interfering with the rent
Of the said deceased child's silotmen
and such portion Of the moneys from
your allotment as the court shall ad
judge just and reasonable.
That you be required to pay rea
sonable sum into court for the ex
penses Of the action and counsel fee
and such further sum to plaintiff 70
alimony as to the court seems just TO
plaintiffs support during the pendenc!
OF this action.
That plaintis be awarded the Gus
tody and cont 81 OF both said children
and
Prays for general relief.
All Of which more fully appears b.
reference to plaintiffs complaint t
which reference is hereby made.
And you are hereby notified that l
you fail to appear and answer sal
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