Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-04-28
Alias Summons

.ho district CouIe " ''S 0eSo'Au
In y" a;strict state of Idaho, in and
u ao Nez Perez county.
'oI .v stephens. plaintiff. vs.. Nicho-
b stephens, defendant.
DEM state Of Idaho sends greeting:
1ns .sodemus Stephens, defendant
~ are hereby summoned, and re-
a i'.d to appear in an action brought
Qun. Won by said plaintiff, in the
district court, and to answer the
sa'u ,,o,nt of the above named plaintiff
eo"' .herein. within ten days (exclu-
neu =, the day Of service) after the
s on you Of this summons. If
SD ..d within this county; or II served
=, this county. but within this ju-
oa ",,, district, within twenty days: or
..rved elsewhere, within forty days.
~. action is brought to recover a
'.-nent and decree against you dis
Living the bonds Of matrimony here
.S.ore and now existing between you
"a the plaintiff on the following
,.,-Failure and neglect to provide
..r the plaintiff. for period of more
.son two years. the common necessar-
,as Of life. having the ability. SO to do.
ond-Cruel and inhuman treatment
~ YOU of the plaintiff.
Plaintiff alleges:
FAY That four years ago you struck
the plaintiff with your clinched fist
cu,tne her face and leaving a scar that
she bears to the present day.
ny That about the 25th day of
March. 1903, you beat plaintiff over the
head with heavy shoe and dragged
,,aintin about upon the ground by the
hair OF her head and beat and bruised
n,aintiff with clinched fist and on many
other different occasions plaintiff al
,epes 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.
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-
PENDANTS 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
she is suitable and proper person t.
have the care, custody and control Of
said two minor children and that yor
are not suitable or proper person te
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 pc
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 $175.0O and more pc
year heretofore taken by you leavin
plaintiff to support said children with
out returns from said allotments.
Plaintiff also alleges that $4,000 is
reasonable attorneys fee to be above
plaintiffs attorney in this transaction
Plaintiff prays that the bonds {
matrimony between you and plainti
be dissolved,
That she have such portion OF IL
Income from the defendants allotmel
as may be just and reasonable with a
the Income FROM the SAID decease
childs allotment and thai you be r,
strained from interfering with the rem
Of the said deceased child's allotme
and such portion Of the moneys fro
your allotment as the court shall a.
judge just and reasonable.
That you be required to pay a re
sonable sum into court for the e
penses Of the action and counsel fe
and such further sun, to plaintiff
alimony as to the court seems idst
plaintiffs support during the penden
OF this action
That plaintiff be a-warded the c,
tody and control OF hotN said childr
and
Prays for General relief.
All OF Which more fully appears
reference to piaintifrs complaint
which reference is hereby made.
And you are hereby notified that
you fan to appear and answer s
complaint as above required the