Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-09
Alias Summons

sor Nez Perez county.
rucv stephens, plaintiff. vs. Nicho-
.o,nus stephens, defendant.
The state of Idaho sends greeting:
ro Nichodemus Stephens, defendant.
Won are hereby summoned. and re-
o,,red to appear in an action brought
aoainst you by said plaintiff. in the
.aid district court, and to answer the
oomnlaint Of the above named plaintiff
eled therein, within ten days (exclu.
Give OF the day Of service) after the
service on you OF this summons, IL
served within this county; or II served
ont OF this county, but within this 1u-
d,cial district. within twenty days: or
- served elsewhere, within forty days.
This action is brought to recover a
Judgment and decree against you dis
solving the bonds of matrimony here
tofore 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
than two years, the common necessar-
les of life. having the ability so to do.
2nd-Cruel and inhuman treatment
by you of the plaintiff.
Plaintiff alleges:
(a) That four years ago you struck
the plaintiff with your clinched fist
cutting her face and leaving a scar that
she bears to the present day.
90 That about the 25th day of
March, 1908, you beat plaintiff over the
head with a heavy shoe and dragged
plaintiff 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
)eges you have beaten and abused her
causing her great physical and mental
pain and suffering and have treated
plaintiff in such a cruel and inhuman
manner that plaintiff can not longer
live with yoa.
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 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 pla1nt1n.
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
hue off Not rc ~
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 to
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
the equal owners of a deceased child's
allotment upon said last named res
ervation that brings an annual rent or
income of some $175.0O 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 a
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 all
the income from the said deceased
child's allotment and that you be re.
strained from interfering with the rents
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 fol
alimony as to the court seems just fol
plaintiffs support during the pendency
OF this action.
That plaintiff be awarded the Gus
tody and contI 81 Of both said children
and
Prays for general relief.
All Of which more fully appears BY
reference to plaintiffs complaint Il
which reference is hereby made.
And you are hereby notified that i
you fail to appear and answer salt
complaint as above required the salt
plaintiff will apply to the court for tn
relief demanded in her said complaint
Attest my hand and the seal Of tn