Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-04-26
Alias Summons

Alias Summons z-er----s>
f. .,e district court OF the Second
IN =" district, state of Idaho, in and
j'oN ez Perez county.
20, .cy stephens. plaintiff. VS.. Nicho-
stephens. defendant.
GEN. ~he state of Idaho sends greeting:
IN .mohodemus Stephens, defendant
10 are hereby summoned. and re-
"a N appear in an action brought
QUIZ YOU by said plaintiff. in the
ga district court, and to answer the
"a. ,,oint of the above named plaintiff
eo'.' .herein. within ten days (exclu-
nv. =, the day of service) after the
s' ,,oe m YOU of this summons. II
s.,sd within this county; or II served
&c, ~ this county. but within this ju-
.,",al district, within twenty days: or
..ryed elsewhere, within forty days.
~. action is brought to recover a
.s.nent and decree against you dis
Living the bonds of matrimony here
.S.o,e and now existing between you
~ the plaintiff on the following
s,.,-Failure and neglect to, provide
-. me plaintiff. for period OF more
.hon two years. the common necesSar-
10. Of life. having the ability SO to do.
9nd-Cruel and inhuman treatment
nv YOU of the plaintiff. ~.--s -s..--..-.,
Plaintiff alleges:
"a, That four years ago you struck
tho plaintiff with your clinched fist
emitting her face and leaving a scar that
.he hears to the present day. q
m, That about the 25th day Of
March. 1903 you beat plaintiff over the
head with heavy shoe and dragged
n,aintiff 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
,eees you have beaten and. abused her
causing 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
avay 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 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. boy
living with plaintiff since their birth
and for the support of whom you have
contributed nothing during the two
years last past And plaintiff allege.
she is suitable and proper person t.
have the care. custody and control O,
said two minor children and that yo,
are not a suitable or proper person t.
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 OF
the Nez Perez Indian reservation rem
that averages some $500 and more PEE
year and that plaintiff and yourself ar,
the equal owners of a deceased child'
allotment upon said last named res
ervation that brings an annual rent o
income Of some $175.00 and more pc
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 allowe
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 decease
childs 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 fror
your allotment az 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 fo
alimony as to the court seems Just fc
plaintiffs support during the pendenc
OF this action. 9. ','
That plaintiff be awarded the Gus
tody and control Of both. said childre
and
Prays for general relief
All Of which more fully appears b
reference to plaintiffs complaint
which reference is hereby made.
And you are hereby notified that