El Paso herald. (El Paso, Tex.) 1901-1931, 1917-03-29
Legal Notices.

The State OF Texas
To the sheriff or any coustab Of ii PasO
Z county, greeting
You are hereby commanded 20 summon
+ NELLIE E HACKNEY by making pUbiica-
/ tion Of this citation once in each week for
. four successive weeks previous TO the return
} day hereof in some newspaper published IN
{ your county. TO appear at the next regular
: term OF the 4ist district court Of e. PasO
! county. TO be holden AZ the court house
4 Thereof in the city OF Fl Paso. Texas on
the first Monday in Nay. 1917. the same
J being the 9TH day of May 1917. then and
! there 10 answer d petition filed in said court
on the 18th day Of March. 1871, in suit
numbered on the docket Of said court
No 1858 wherein STEPHEN n HACK
NET is plaintiff and NELLIE E HACKNEY
Is 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 inhabi-
tant Of the state Of Texas. and resident Of
IL Faso county Texas, for more than six
months next preceding the filing OF this
suit Alleging further that on or about the
Sth day Of September A D. 1882. plaintiff
vas lawfully married TO defendant then a
single woman by the name Of Nellie z.
Clark the marriage taking place in the
city cf Leavenworth. Kansas. and that he
and the defendant continued TO live together
as husns nd and wife from and after said
marriage until on or about the 18th day OF
AhSceIrpsr. 1874; that at the time Of his said
marriage 10 the defendant. plaintiff was
a commissioned officer in the United States
amy and was at that time on duty al Fort
Leavenworth. Kansas. but his regiment was
at that time stationed al Fort Bliss Texas;
THAI 1t the time he entered the United
states army he was q resident citizen Of
the county OF Smith and state Of Texas. liv-
ing at the City Of Tyler. and that said city
OF Tyler continued to be his legal residence
Up 70 the time he acquired a residence At
and become dOmiciled in the county OF FL
Paso. as aforesaid Plaintiff saws that dur
ing the time he lived and coha bitared with
the defendant. he treated her Eith the ut
most kindness and consideration. and was
ANXIOUS 10 nave her continue TO live with
rim as his wife, but that he defendant
rom and after said fifteenth day Of De-
cember- 1904, treated plaintiff with cold
ness and neglect and showed a disposition
ana intention TO perma nentiy separate from
him and abandon his bed and board And
plaintiff represents further. that on or about
the tirst day Of February. 1895. he was or ,
dered with his regiment to the Philippine
Islands for foreign service with his reg5- ,
ment- and sought TO have the defendant his
SAID wife accompany him or thereafter join .
MN IN the Fhlilpplne Islands; but that de-
PENDANT declined TO accompany him. and !
failed and refused TO join him thereafter
and insisted upon remaining and did remain /!
IN the United States. notwith standing plain
XII $ tour Of foreign service lasted from I
tne lst day Of February. 1905 until about 4
the 13rd day Of October, 1906. Plaintiff rep 4
Iesehls further that upon his return to the /
United States, the defendant failed and re- Z
FUSED 10 join him. and refused 10 live with !
MN as ms we and ever since said fif-
teenth day Of December, 1904 plaintiff and !
defendant have lived separate and apart
without plaintlffs procurement or consent !
continue any longer TO live and coha hit with
him Plaintiff alleges further in said peti-
ton tnat neither during the time he has !
ue1H n me United states. nor during the
time Of his second tour OF foreign service
with ms regiment, which lasted more than 1
tnree years has the defendant lived and
cohabited with him. but has refused
TO do so. Plaintiff further alleges that
SiAes tnelr separation, the defendant has
Ihat while he and the defendant were liz !
ing apart as aforesaid, the plaintiff was
placed on the retired list OF the United |
s2tetts army with the rank Of Major for I
disabilities acquired in the service. with re-
llred pay from the government OF the limited |
states Of Two Hundred and Fiftv Dollars !
t$-3o-o6) per month That defendant nor !
withstanding plaintiff had no resources ex-
ceDt said pay. and was entirely dependent |
upon the same for his livelihood and had !
always provided for the defendant literally |
out OF said pay, notwithstanding the defend !
ant had independent resources Of her own
81 I14clent Tor her support and maintenance !
preferred charges against plaintiff and bsd !
MIN court martialed and tried 10 have hin
llssraced and dismissed from the service
mat said charges were wilfulIy maliciouslv |
ana falsely made for the purpose Of fnfur- |
ng plaintiff. and were cruel and unjust -no /
80 euIateG 10 and inter.ded to bring the
piatntltI into disgrace and 10 cause him 10 |
lose his only source Of support his said re- !
tired pay.
Plaintiff further represents in said nett
ton that he and his said wife have lived | .
separate and apart without cohabitation !
lnce me 9TH day Of March. 1907 and for al 1
he
lore the filing Of this suit and thar IN
ruth and in fact, he and his said wife have
tFtu separate and apart without coha bfta-
ION ever since the 18th day Of December
sV3- and FOR a much longer time than ten
ears $ next before the filing OF this suit
FIalntiIf further represents in said nett
ION mat the defendant voluntarily left his
ga and board for a space OF more ths, .
hree years next before the filing Of fbfq : g.
,etillon, with the intention OF abandoning ! Z
ne plalntiff and has in fact abandoned Tho I q
ialhtiII ana lived separate and apart from I 4
I'm without any fault on PLAINTIFF NAT
or more than three years next before rho J
Institution Of this suit.
fialntitf further alleges IN said uetitfor !
Nat me defenoants action ana conduct
vNard nm generally. as well as in eafd } -
articulars above set our are OF sucb , - Z
lre AS TO render plaintiffs and defepdsnt-s /
ortable 'e iilsuP- )
W herefore- the premises considered r1.fn ] q
III prays IN mis- said petition that ne de- I =
llia-H- oe cited TO appear and answer hf- z,
iil' and That upon a hearing thereof tn / q
ourt give judgment dissolvinz said MAJ =
no lor such other and further relief gen -
RAJ and special. in law and in equity as :
L1rf the facts may be mete and nrone- Y
herein fal not but have YOU before said =
curt al ITS aforesaid next regular fern, '
hls Writ, with your return thereon. show k
* how you have executed the same q
p" leness, & NJ Mckinney. clerk Of the I 5
istrict court Of FL PssO county. =
OlNen under my hand and seal Of said -
curt al office in the CITY Of e Pago ( =
eSas- this the 18th day OF March 1917 VI
(SEAL) { II N-ETN-N-Hv =
Clerk. district court. Fl Paso county ] r
BY N = Haynes Deputy.