Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-04-18
Alias Summons

aistrict. state OF Idaho, in and
~sz Perez county.
fof stephens, plaintiff, vs. Nicho-
ns stephens. defendant.
Mo state Of Idaho sends greeting: :
,-;obodemus stephens, defendant.
.u are hereby summoned. and re-
,.od 70 appear in an action brought
~qu ,nSt YOU by said plaintiff. in the
Ca district court. and to answer the
.n,aint of the above named plaintiff
tberein. within ten days (exclu-
w. ~ the day of service) after the
..;ce on YOU OF this summons, IL
s.,ed within this county; or If served
-. Of this county, but within this ju-
.,oial district, within twenty days; or
:. carved elsewhere, within forty days.
nuts action is brought to recover a
,..arr,ent and decree against you dis
living the bonds of matrimony here
.otora and now existing between you
and the plaintiff on the following
grounds;
1st.-Failure and neglect to provide
for the plaintiff, for a period of more
,,on two wears, the common necessar-
los Of life. having the ability so to do.
ond-Cruel and inhuman treatment
nv YOU of the plaintiff.
Plaintiff alleges:
(a) That four years ago you struck
the plaintiff with your clinched fist
cutting her face and leaving scar that
she bears to the present day.
M That about the 25th day Of
March. 1908, you beat plaintiff over the
head with a heavy shoe and dragged
nlaintif about upon the ground by the
hair of her head and beat and bruised
nlaintiff with clinched fist and on many
other different occasions plaintiff al
,eres YOU have beaten and abused her
causing her great physical and mental
main and suffering and have treated
plaintiff in such a 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 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-
PENDANTS intemperance continued for
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
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 childs
allotment upon said last named res
ervation that brings an annual rent OF
income Of some $175.O0 and more per
year heretofore taken by you leaving
plaintiff to support said children with
out returns from said allotments.
Plaintiff also alleges that $4,000 is 9
reasonable attorneys fee to be allowed
PLAINTIFFS attorney in this transaction
Plaintiff prays that the bonds Of
matrimony between you and plaintiff
be dissolved
That she have such portion of the
income from the defendants allotment
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 allotment
and 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 fee
and such further sum to plaintiff TO
ailmony as to the court seems just TO
plaintiffs support during the pendenc!
OF this action.
That plaintiff be awarded the Gus
tody and control Of both said children
and
rays for general relief
All Of which more fully appears b.
reference to plaintiffs complaint t.
winch reference is hereby made.
ana you are hereby notified that I
you fail to appear and answer sail
complaint as above required the sal
pialntih will apply to the court for tn
nd t. -0.l~