Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-04-23
Alias Summons

for ~ stephens, plaintiff, vs.. Nicho-
wv. stephens, defendant
de'nuS .,s of Idaho sends greeting:
the ademus stephens, defendant.
10 are hereby summoned and re-
~, ~. TO appear in an action brought
our, YOU by said plaintin. in the
ach'" ,,.,r;ct court, and to answer the
sa'' ,.;nt of the above named plaintiff
COMP, ..orein. within ten days (exclu-
hieo :, the day of service) after the
A ..v,ce on you OF this summons II
SD .ad within this county; or II served
SER This county, but within this ju-
ou' district. within twenty days; or
oN'" ,ea elsewhere. within forty days.
oction is brought to recover a
,ont and decree against you dis
''.s the bonds Of matrimony here
so,ore and now existing between you
va the plaintiff on the following
grounds: .,oo+ ~ ,uo,,a
Tho plaintiff for a period Of more
- two years, the common necessar
-. NJ life having the ability so to do
Ind
=, YOU of the plaintiff.
Plaintiff alleges:
10, That four years ago you struck
.sa n,aintiff with your clinched fist
ortting her face and leaving scar that
she hears TO the present day.
y, That about the 25th day of
March 1903. you beat plaintiff over the
hoad with a heavy shoe and dragged
,,ointiH about upon the ground by the
s,,r NJ her head and beat and bruised
plaintiff with clinched fist and on many
other different occasions plaintiff al
,oyes YOU have beaten and abused her
lansing her great physical and mental
main and suffering and have treated
n,aintiff 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 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-
fendants 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 a 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 or
the Nez Perez Indian reservation rent
that averages some 5000 and more pei
year and that plaintiff and yourself are
the equal owners of 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
es may be just and reasonable with al
he 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 allotmen
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 70
ahmony as to the court seems Just 70
paintiff's support during the pendenc
OF this action .....
That plaintiff be awarded the Gus
tody and control Of both said childrel
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
you fail to appear and answer sal
complaint as above required the sal
p'aintiff will apply to the court for tn
'eiiei demanded in her said complain
Attest my hand and the seal of tn
uis1rlct court of the Second judicia
's'rlct' state of Idaho in and for Ne