Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-11
Alias Summons

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1ucv stephens plaintiff, VS.. Nicho-
somus stephens, defendant.
The state of Idaho sends greeting:
ro Nichodernus Stephens, defendant,
Won are hereby summoned, and re-
.pired to appear in an action brought
aoainst you by said plaintiff, in the
.o,d district court, and to answer the
oomplaint of the above named plaintiff
e,ad therein, within ten days (exclu-
Give of the day Of service) after the
.ervice on you of this summons, II
served within this county; or II served
an, OF this county, but within this iu-
dicial 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.
by you of the plaintiff.
Plaintiff alleges:
(a) That four years ago you struck
the plaintiff with your clinched fst
cutting her face and leaving a scar that
she bears to the present day.
(b) That about the 25th day of
March, 1903, you beat plaintiff over the
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
leges you have beaten and abused her
causing her great physical and mental
pain and suffering and have treated
plaintiff in such 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 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, 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 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
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 deceased child's
ervation that brings an annual rent or
income Of some s175.0O 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 allotment
and such portion Of the moneys from
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 fees
and such further sum to plaintiff fol
alimony as to tn, court seems just fol
plaintiffs support during the pendencI
OF this action.
That PLAINTIFF be awarded the Gus
tody and cont 81 Of both said children
and
Prays for general relief.
All of which more fully appears by
reference to plaintiffs complaint II
which reference IS hereby made.
And you are hereby notified that 1
you fail to appear and answer sait
complaint as above required the sait
plaintiff will apply to the court for tn
relief demanded in her said complaint
Attest my hand and the seal Of TIL