Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-06
Alias Summons

NeZ Perez Couhty'
,ncv stephens, plaintiff, VS.. Nicho-
,,s stephens, defendant.
,r,o state Of Idaho sends greeting:
N;cbodemus Stephens. defendant
vou are hereby summoned, and re-
..,,od TO appear in an action brought
N.;ns, YOU by said plaintiff, in the
e;a district court, and to answer the
sornnlaint Of the above named plaintiff
e,od therein within ten days (exclu-
"a of the day Of service) after the
s.,vee on you of this summons, If
served within this county; or II served
-, of this county. but within this ju-
s;c;a, district, within twenty days: or
:, served elsewhere, within forty days
This action is brought to recover a
judgment and decree against you dis
Living the bonds of matrimony here
.otore and now existing between you
snd the plaintiff on the following
grounds:
,st.-Failure and neglect to provide
for the plaintiff for period Of more
than two years, the common necessar-
les of life. having the ability 10 to do.
2nd.-Cruel and inhuman treatment
nv Won 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, 1903, 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
rlaintiff with clinched fist and on many
other different occa sions plaintiff al
lepes you have beaten and abused her
causing her great physical and mental
pain and suffering and have treated
plantff 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
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, boy
aged years now living with and beer
living with plaintiff since their birth
and for the support of whom you have
contributed nothing during the two
years last past. And8plaintiff alleges
she is suitable and proper person t.
have the care. custody and control q.
said two minor children and that 20,
are not 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 5000 and more pc
year and that plaintiff and yourself ar
the equal owners of deceased child
allotment upon said last named res
ervation that brings an annual rent o
income Of some s1750O 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 G
matrimony between you and plainti
be dissolved.
That she have such portion of TIL
income from the defendants allotmer
as may be just and reasonable with
the income from the said decease
child's allotment and that You be re
strained from interfering with the rent
Of the said deceased child's allotmer
and such portion Of the moneys frol
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 e1
penses Of the action and counsel fe'
and such further sum to plaintiff Il
alimony as to tn, court seems Just Il
plaintiffs support during the pendens
of this action.
That PLAINTIFF be awarded the GU
tody and cont oil Of both said childrt
and
Prays for general relief.
All of which more fully appears
reference to plaintiffs complaint
which reference is hereby made.
And you are hereby notified that
you fail to appear and answer sa
complaint as above required the sa
plaintiff will apply to the court for t
relief demanded in her said complain
oct 10 Z