Montana labor news., 1934-09-20
No. 35055
&lIMhlnM&


In the District Court of the Second Judi
cial District of the State Of Montana, in
and for the County Of Silver Bow.
Della MCGOWAN. Plaintiff,
VS..
| Charles MCGOWAN. Defendant.
The State Of Montana Sends Greetings to
the Above Named Def adant;
You are hereby summoned to answer the
complaint in this action, which Is filed IN
the office Of the Clerk Of this Court, a copy
Of which is herewith served upon you, and
to file your answer and serve a copy, mere
Of upon the plaintiffs attorney within ~
days after the service OF this ex-
elusive Of the day Of ~servicei and in case
Of your failure to appear or answer, judg-
ment will be taken against you by default
for the relief demanded in the complaint.
The Complaint in this action is substan-
TALLY as follows, to-wit:
For a first cause of action plaintiff alleges
that plaintiff and defendant were married
at Butte. Montana, on November 9TH, lylli
that as the issue Of the said marriage there
are three children. viz: Mary MCGOWAN, a
daughter, of legal age, and John MCGOWAN
and Charles McJowan, sons, aged 10 and
l9, respectively that at Butte, Montana,
on or about the 9Th day of July, 1929, and
more than one year Immediately preceding
the commencement Of this action, the said
defendant, ~disregarding the solemnity of
his marriage VOWS, wilfully and without
cause deserted and abandoned this plain
tiff, and ever since has, and still continues
to, so wilfully and without cause desert and
abandon the DldlnLllt ana 10 lNG separate
and apart from her, without any sufficient
cause or reason. and against her will, and
without her consent.
For a second cause of action plaintiff
alleges that since the 5th day of March,
1880, and for more than one year immed-
lately preceding the commencement of this
action, the said defendant has been guilty
Of wilful neglect Of this plaintiff, in that
the said defendant, during all OF said time,
has failed, neglected and refused to furnish
this plaintiff with the common necessaries
of life, even though, during the greater por-
ton of said time, he had the ability to- do
so; that since the said marriage the plain
tiff and defendant, by their united exer-
tions, acquired certain real property, which
is described as follows, to-wit; Lots " and
10 in Block II Of the Hamilton Addition
to Butte Silver Bow County, Montana, &C
cording to the official plat and survey
thereof on file in the office OF the Clerk
and Recorder of Silver Bow County, Mon
tana, that the plaintiff has no separate
property, nor has she any income, money
or means whatsoever.
Wherefore, plaintiff prays judgment that
in lieu Of support money from defendant
she be awarded the real property above
described, and that title thereto be vested
in her absolutely, free from all claims OF
the defendant thereon of any nature: that
the care, custody, control and education OF
the minor children of the parties hereto,
viz: Charles MCGOWAN and John MCGOWAN,
be awarded to plaintiff; That the court
grant a decree of separation from bed and
board forever; and for such other and fur
Their relief as shall be meet in the premi-
Witness my hand and the seal of said
Court this 5th day OF September, 1884.
COURT SEAL)
F. P. KELLY, Clerk.
By P. Il. SULLIVAN, Deputy Clerk.
GEORGE D. TOOLE,
Attorney for Plaintiff,
84-85 Owsley Block. Butte, Montana.
First Publication September 9th, l934-4I.