Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-04
Alias Summons

IN district. state Of Idaho, in and
Nez Perez county.
oi ~, stephens. plaintiff, VS.. Nicho-
.,s stephens, defendant
oem state of Idaho sends greeting:
.,,nodemus Stephens, defendant
Won are hereby summoned, and re-
.,..d 10 appear in an action brought
qu ,nst YOU by said plaintiff, in the
- district court and to answer the
COMPLAINT of the above named plaintiff
.'.a therein, within ten days (exclu-
p ...o of the day of service) after the
100 an YOU Of this summons, il
Sod within this county: or If served
~. ~ this county, but within this ju-
,,o,o, district, within twenty days: or
.a,ved elsewhere. within forty days.
rs;s action is brought to recover
.,dgment and decree against you dis
sizing the bonds Of matrimony here
..tore and now existing between you
and the plaintiff on the following
grounds:
1st-Failure and neglect to provide
.o- the plaintiff, for a period Of more
than two years, the common necessar-
loo Of life, having the ability 20 to do.
ond-Cruel and inhuman treatment
BY you of the plaintiff.
Plaintiff alleges:
(a) That four years ago you struck
,he plaintiff with your clinched fist
emitting her face ana leaving scar that
che hears to the present day.
fb) That about the 25th day Of
March 1903, you beat plaintiff over the
head with a heavy shoe and dragged
paintif about upon the ground by the
hair of her head and beat and bruised
plaintiff with clinched fist and on many
other different occasions plaintiff al
leres YOU have beaten and abused her
causing her great physical and mental
main and suffering and have treated
nlaintiff 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 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
80 It'll NC
allotment upon said last named res
ervation that brings an annual rent OF
income Of some $1,000 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 6
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 thu
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 allotmen
and such portion Of the moneys fro,
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
al1mony as to thu court seems just TO
Plaintiffs support during the pendenc!
OF this action.
That plaintir be awarded the Gus
tody and contt oil Of both said children
and
Trays for general relief.
All OF which more FULLY appears b!
reference to plaintiffs complaint t
winch reference is hereby made.
And you are hereby notified that I
you fail to appear and answer SAT-
complaint as above required the salt
Plaintiff will apply to the court for tn
Teilef demanded IN hor said com MIA inf