El Paso herald. (El Paso, Tex.) 1901-1931, 1917-03-22
Legal Nehsa.

II
The Stale OF Texas
To the sheriff OF any constable q 2 Peso
county. greeting
You are hereby commanded TO suamoa
NELLIE 2. HACKNEY by making puhlics-
;ion OF this citation once in each week for
four successive weeks previous to the return
day hereof. in come newspaper published IN
I your county. 10 appear At the next regular
term OK the 41st district court OF e Psso
county. Go be holden at the court house
thereof. IN the City & e PaEo. Texas or
the first Monday IN Nay. 1917. the same
being the ith day OF nay. 1917, then Snc
there 70 answer e petition filed In said court
or the 14th Gay OF March. 1911, il . SUIT
numbered or the docket OF said court
No 1455S. wherein STEPHEN n HACK
My il plaintiff and NELLIE Z. HACKNEY
Is defendant, and said petition alleging that
plaintiff is and has been 1or more thau
twelve months next preceding the exhibition
Of his petition actual bona fide inhabi-
tant OF the state OF Texas. and resident Of
II Paso county. Texas Tor more than sl1
months next preceding the filing OF thLs
suit Alleging further that about the
sth day OF September. \ D. 1892. plaintiff
was lawfully married 70 defendant. then .
single woman y the name OF Nellie z
Clark. the marriage taking place in th=
city OF LeaFenEorth kansas ana thet ne
and the defendant continued 70 live together
as husband and wife from and after said
marriage until on or about the 18th day OF
December. 1901. that a. the time OF his said
marriage 70 the defendant. plaintiff was
a commissioned officer in the United Ststes
army. and was at that time on duty al Fort
L.
at that time stationed at Fort Bliss. Texas;
that At the time he entered the United
States army he was a resident citizen OF
the county Of Smith and state OF Texas, Nv
ing 1t the City Of Tyler and that said City
Of Tyler continued 10 be his legal residence
N 10 the time he acquired z residence af
and become dOmiciled in the county OF E.
Paso as aforesaid Plaintiff says that dur
ing the time he lived and cohabitated with
the defendant. he treated her with the Ut
most kindness and consideration. and was
Cd IA her mt n vii
him as MS vile, but that he defendant.
from ana after said fifteenth day Of De-
cember. 1904. treated plaintiff with cold
ness ana neglect. and showed = disposition
and Intention TO permanently separate from
him and abandon MS bed and board And
plaintiff represents further, that on OF about
The flrst day Of February. 1905, he was or
dered With his regiment 70 the Philippine
Islands Tor foreign service with his reg
ment and sought 10 have the defendant his
setn VIE accompany him or thereafter join
him Al the Philippine Islands. but that de-
PENDANT declined 10 accompany him. AMI
failed and refused 10 Join him thereafter.
and insisted upon remaining and did remain
IN the United States. notwithstanding plain
tiffs tour Of foreign service lasted from
The 1t day OF February. 1915 until about
tne SSrd day Of October. 1906. Plaintiff rep
resents further that upon his return 10 The
United states. the defendant failed and re-
fused 20 1oin him. and refused 70 1--we with
teenth day Of December. 1904 plaintiff and
defe-uant have lived separate and apart
OK on account or defendants refusal 20
continue any longer 70 live and coLabi- with
him Plaintiff alleges further in said pers-
tton thar neither during the time he h--
been f. the United States. nor during the
tim OF his second tour OF foreign service
with MS regiment. which lasted more than
three years. has the defendant lived snd
cohabite1 with him. but has refused
20 do SO Plaintiff further alleges thai
since their separation. the defendant has
been guilty OF great cruelty toward him.
That while he and the defendant were liz
ing apart. as aforesaid. tie PLAINTIFF was
placed on the retired list Of the United
States army with the ra1E Of Major for
disabilities acquired in the service with re-
tired pay from the government of the United
states % Two Hundred and Fifty Dollars
tS-5o-Oo) per month That defendant not
withstanding plaintiff had no resources eE- I
cept said pay. and was entirely dependent
upon the same Tor his livelihood and had j
always provided for the defendant literally I
cut o. said pay. Notwithstanding the defend J
ant had Independent resources OF her own |
preferred charges against plaintiff and bad
him court martialed ana tried to have him /
dlssracec and dismissed from the service /
That said charges were wilfullT. ma licio,lsI, /
and falsely made FOR the purpose OF fniur-
ing plaintifl. and were cruel and unjust ma
were calculated TO end Intended TO bring he
plaintiff into Disgrace. and to cause Nh, "a
lose his only source OF support. hts said r.
tired pay
Plaintiff further represents Ia said nett ]
Ton that he and his said vile have iived I
separate aud apart without cohabitatso- /
since the .th day Of March. 1907. and Tor ~ |