White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-02-20

fections OF Mrs. Miller. petition mas
been filed in the White Pine county
district court by John Miller asking to
have the judgment and decree OF
divorce set aside
A decree of divorce was granted TO
Katharine ID. Miller IN the district
court September 3. 1920. by Judge e..
!. McFadden. The complaint sets
forth that the plaintiff was an actual
resident and inhabitant of White Pine
county and that defendant at the time
of filing the complaint could be found
in White Pine county and within
the Jurisdiction of the court. In para
graph six of the complaint the plain
tiff claimed that defendant willfully.
wrongfully and without cause deserted
and abandoned the plaintiff on or
about January, 1919, and that said
desertion had continued for period
longer than one year. The complaint
was sworn to by Katherine ID. Miller
and was presented by Attorney vii.
liam II. Sheldon OF Reno.
Summons was served on defendant
at Ely and the enswer was filed By j.
VI. Lockhart, attorney for DIR. John
Miller. the defendant. The answer
admitted several OF the allegations
contained in the complaint. but denied
that of desertion and abandonment OF
plaintiff. and consented to proceeding
To the trial OF the action at any time
after the filing of the enswer, waving
notice of such trial. demurrer 10
the complaint was not filed by de-
fendant before filing the answer.
When the case came up for trial
Mrs Katharine d. Miller was placed
on the witness stand and testified
she was a physician and that profes-
sional jealousy existed between herself
and husband. When questioned by her
attorney as to the allegations made in
her complaint she swore To ali OF
them and told that she had been un-
able to win back her husbands af-
fections. She told of humiliating cir
cumstancea which she had been sub
1ecfed 10 and declared that II would
be impossible for herself and her
husband to continue their marital re-
lations.
The decree of divorce specified that
the defendant was represented In court
by his attorney. I'M. Loekhart: that
the answer had been filed and that
summons was served on defendant
personally at Ely and within the iuris-
ing testimony OF the plaintiff In furth.
er support OF the allegations of the
complaint. and no testimony having
been offered by and In behalf of the
defendant In opposition, the complaint
was sustained by testimony free from
all legal objections as to its compe.
tency and that defendant at the com
meneement OF the action was actually
.xfte t..
The decree was granted under the
provisions OF the divorce law which
gives the court jurisdiction where
defendant can be found"
The petition filed by Dr. John Miller
claims that the decree of divorce was
obtained through a collusive relation
existing between plaintiff and defend
ant, and was in truth and fact OBJ
tanned through the perpetration of ar
imposition and fraud upon the court
The petition says that John Miller
Is duly licensed physician and thar
Katharine Miller. who is about 32
years old. is also a praetieing physi-
cian. Quoting from the petition the
doctor says:
During my absence In military ser
vice my wife continued at the Bellevue
|. 1918. After that my wife became
the physician at Macy's store and re-
sided during my absence at Radford
Chambers. No. l3l West 18th street.
New York City From the time of our
marriage until my departure for the
war the relations between my wife
and self were most affeetionate. and
we were happy and demonstratiye
"A aff
from the war our child was born at
tho Manhattan maternity hospital.
Shortly after the birth of our child
! noticed decided change In the at.
titude Of my wife toward me. She was
no longer affectionate In her manner.
but was cold and Indifferent and took
every opportunity to quarrel and make
home life decidedly unpleasant
Two or three days after my return
man telephoned our home asking
Tor my wife. After she answered the
telephone asked her who II was. She
told me that II was Mr.. William J
Enrich, rich stock broker whom she
had met while | was away; that she
and Mr.. Enrich were good friends. and
that he was able to help us In our
practice and to invest our money for
w. htot NtitplOHt t1iio ltOtil fsHTltH
TO my wife became frequent and he
finally called at the house to see my
wife. at which time | was introduced
to him.
The petition specifies Incidents OF
automobile rides taken by Mrs. Miller
and Mr.. Enrich which were objected
TO by the husband. and tells of letters
written to Enrich In which the doctor
requested that he desist from foster.
ing the infatuation OF woman whose
continued absence from home and
child have initiated course which
Inevitably means the wrecking OF an
organization which is the very basis
OF society and government--the
family"
The petition sets forth that the wife
constantly begged for her freedom and
that finally she decided to go out west
and secure a divorce.
He tells OF coming to Salt Lake City
"a - ts.w