El Paso herald. (El Paso, Tex.) 1901-1931, 1917-04-05
I.eral Nohtes.

0
The state Of Texas
To the sheriff or any constable OF Il Faso
county. greeting
You are hereby commanded to summon
NELLIE f. HACKNEY by making publica-
tion Of this citation once in each week tor
four successive weeks previous to the return
day hereof in some newspaper published N
your county. 20 appear al the next regular
term Of the 4lst district court OF e Fas1
county, to be holden at the court mouse
thereof. in the City OF e Paso. IeNas- Oh
the first Monday in May. 1917. the same
being the eth day OF May. 1917. then anu
there TO answer a petition filed In salc court
on the 18th day OF March. 1917. in a SUIT
numbered on the docket Of said court
No. 1855, wherein STEPHEN N HACK
NET Is plaintiff and NELLIE E HACKNEY
g defendant. and said petition alleging that
plaintiff Is and has been for more than
twelve months next preceding the exhibition
OF his petition an actual bona fide inhabl-
taat OF the state Of Texas. and resident OF
FL Paso county. Texas. for more than SIX
months next preceding the filing OF this
suit. Alleging further that on OF about the
sth day OF September. A D. 1872, pialntiII
vas lawfully married 70 defendant then
single woman BY the name Of Nellie Z
Clark. the marriage taking place IN ths
city Of Leavenworth. Kansas. and that he
and the defendant continued TO live together
as husband and wife from and after Eai1
marriage until on OF about the 18th day or
December, 1904. that at the time OF his said
marriage to the defendant. plaintiff was
a commissioned officer in the United States
army. and was at that time on duty AT Fort
al 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 or Texas Nv
ing al che City OF Tyler. and that said City
Of Tyler continued to he his legal residence
Up TO the time he acquired a residence AZ
and become dOmiciIed in the county OF II
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 co1sid Grafton. and was
anxious 10 have her continue TO live With
him as his wife but that The defendant,
from and after said fifteenth day OF De
cembsr. 1904, treated plaintiff with cold
ness ana neglect. and showed a disposition
and intention 70 permanently separate from
him and abandon his bed and board AMI
plaintiff represents further, that on or.aoOut
the FIRST day OF February. 1905. he 80 or
dered with his regiment 10 the Philippine
Islands for foreign service with his regt-
msnt. and sought to have the defendant. his
said wife accompany him or thereafter join
him. IN the Philippine Islands; but that de-
fendant declined 70 accompany him. and
failed and refused to join him thereafter,
and insisted upon remaining and did remain
In the United States. Notwithstanding plain
tiffs tour OF foreign service lasted from
the ist day q February. 1878 until about
the 23rd day OF October. 1896 Plaintiff rep
resents further that upon his return 10 the
United States. the defendant failed and re-
fused to join him. and refused 10 live with
him as his wife and ever since said fif-
tenth day Of December. 1903. plaintiff and
defendant have lived separate and apart
but on account OF defendants refusal 20
continue any longer TO live and cohabit with
him Plaintiff alleges further in said petit
ton that neither during the time he has
been In the United States. nor during the
time Of his second tour OF foreign service
with his regiment, which lasted more than
with him. but has refused
10 do So Plaintiff further alleges that
since their separation, the defendant has
been guilty OF great cruelty toward him
That while he and the defendant were liv-
ng apart, aforesaid. the pRsintiff was I
placed on the retired list Of the United !
States army with the rank OF Major. for I
1isa hilities acquired in the service with re- .
ired pay from the government OF the United I
states OF Two Hundred and Fifty Dollars I
$4,000 Ger month That defendant not /
plaintiff had no resources ex-
sept said pay. and was entirely dependent !
Ipcn the same for his livelihood. and had 1
always provided for the defendant literally /
ut Of said pay. notwithstanding the defend I
mt had independent resources Of her own 1
sufficient for her support and maintenance. |
preferred charges against plaintiff and had I
aim court martialed and tried to have him
iisgraced and dismissed from the service.
That seid charges were wifully. maIiciousiy ]
Ind falsely made for the purpose OF injur- i
ne plaintiff. and were cruel and unjust and /
we're calculated TO and intended to bring the 4
'laintirf Into disgrace and TO cause him 20 I
ose his only source OF support. his said re-
ired pay
Plaintiff further represents IN said petit
ion that he ana his said wife have lived ]
ince the eth day OF March. 1907 and FOR at
east as long a period as ten years next be-
ore the filing OF this suit. and that IN
ruth and in fact. he and his said wife have /
ived separate and apart without cohahita- I
lon ever since the 18th day OF December. [
s04- and FOR a much longer time than ten !
ears next before the filing OF this suit.
Plaintiff further represents in said petit Z
ION that the defendant voluntarily left his !
ed and board for space OF more than
hree years next before the filing OF this
clifton with the intention OF abandoning
he plaintiff and has IN fact abandoned the
lsintiff and lived separate and apart from
i'm without any fault on plaintiffs part
lr more than three years next before the :
lstitution OF this suit
Plaintiff further alleges n said petition Z
hat the defendants action and conduct I
1Ward him generally. as well as in said !
articulars above set ont are OF such a ma
Ire as to render plaintiffs and defendants !
wing together as husband and wife insup-
ortahle-
Wherefore. the premises considered. Main
n prsys IA his said petition that the de-
.ndant be cited 20 appear and answer his I
Ill. and that upon a hearing thereof the Z
burt give judgment diSsolving said mar
age relation. and prays for costs Of suit /
I'd for such other and further relief gen I
al and special. IN law and in equity. as
1der the facts may be mete and proper
Herein fatl not. but have you before said | ,
lurt. at its aforesaid next regular FERN l =
lis writ. with your return thereon show
2 how you have executed the same
Witness g A. Mckinney. clerk Of the
strict court Of e Paso county
Given under ny hand and seal q said e
'u-t At office in the City or e Paso.
sxas. this the 18th day or March. 1917.
(SEALl Q N MCKINNEY
Clerk. district court. e Paso COUNTY.
By II z Haynes. Deputy
eady Reference Business DIRECTORY. :