Montana labor news., 1934-02-01
No. 347e2
ALIAS SUMMONS

James Ii. BALDWIN, Atty.
In the District Court of the Second Ju-
dicial District of the State of Montana,
in and for the County of Silver Bow.
Mary McCracken, Plaintiff, We. Fred u.
McCracken, Defendant.
The State of Montana Sends Greetings to
the Above Named Defendant:
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
thereof upon the Plaintiffs attorney within
twenty 900 days after the service of this
summons, exclusive Of the day of service ;
and in case of your failure to appear or
answer, judgment will be taken against
you by default for the relief demanded in
this complaint.
In the Complaint on file in the above
entitled court and cause IL is alleged /:
THAT continuously for more than one year
Immediately last past and next preceding
the date of the YerificatiOn of this COM
plant plaintiff has been and she now is an
actual bona fide resident Of the City Of
Butte, County of Silver Bow, State of
Montana that plaintiff and defendant in
termarried at Bozeman, Montana, on No
yember 18th, 1924; that JOhn Clifford Nc
Cracker, eight years Of age, Eulia Ruth
McCraeken, six years of age, and James
Edward MeCracken, three years of age,
have resulted as the issue of said mar
riage; that plaintiff is a fit and proper
person to ave the care, custody, control
and education of said minor children Of
plaintiff and defendant; that defendant is
not a fit or proper person to have the care,
custody, control or education of said minor
children of plaintiff and defendant, or
either or I'M of them; and, that since
said marriage Of plaintiff and defendant,
defendant has been guilty Of extreme
cruelty toward plaintiff for this: That
throughout their married life defendant
has constantly nagged plaintiff and criti-
eised and found fault with her and with
~ par mo- akA- nv . that a4nAA anAA mn n
rage defendant has repeatedly published
and uttered false charges against her chas-
tity that at no time since the marriage of
plaintiff and defendant has defendant pro-
vided a fit or proper home for plaintiff
or said minor children of plaintiff and
defendant, and has failed, refused and ne
elected to provide for them the things rea-
sOnably necessary for proper living that
since said marriage Of plaintiff and de-
PENDANT, defendant has repeatedly inflict-
ed and threatened to inflict bodily injury
and personal violence upon plaintiff and
in the month of April, 1888, and in the
month OF July, 1888, defendant did strike,
beat and bruise plaintiff at their home in
said marriage of plaintiff and defendant,
defendant has inflicted g~rievOus mental
suffering upon plaintiff by a course of
conduct toward and treatment of plaintiff
existing and persisted in for a period of
more than one year Immediately before the
commencement of this action which Justly
and reasonably is Of such a nature and
character as so to destroy the peace Of
mind and happiness of plaintiff and en-
tlrely to defeat the proper and legitimate
objects Of marriage and to render the CON
tinuanee of the married relation between
plaintiff and defendant perpetually unrea-
sOnable and intolerable to PLAINTIFF and on
the 23rd day of November, 1888, the de-
PENDANT took said minor children of plain
tiff and defendant from their home In
Butte, Montana, against the will and wish
and without the consent of plaintiff and
has at all times since then failed, refused
and neglected to inform plaintiff where
said children or either or any of them are,
and deprived her of the right to visit or
be with them" and Plaintiff prays "That
the bond of matrimony now existing be-
tween Plaintiff and Defendant be severed
and dissolved, and that they and each of
ried persons; that the plaintiff be given
the exclusive care, custody and control and
education of said minor children of plain
tiff and defendant; that defendant be re-
quired by the judgment of the above en-
titled court to pay to plaintiff as perma-
nent alimOny such monies as may be rea-
s0nably needed to provide plaintiff and
said minor children of plaintiff and de-
PENDANT with the common necessaries of
life; and, for such other and further re-
lief as may be fit and proper in the prem
ises."
WITNESS my hand and the seal of said
Court this 25th day of January, A. D. 1884.
II. Il. KELLY, Clerk.
By 2. II. SULLIVAN, Deputy Clerk.
Court SeaD
JAMES H. BALDWIN, Butte, Montana,
Attorney for Plaintiff.
First publication Feb. 1, 1934-4t.