Montana labor news., 1934-08-23
No. s5o9s
E. D. Elderkin, Atty.
ALIAS SUMMONS

E. D.. Elderkin, Atty NO S5VSS
In the District Court of the Second Judi
cial District of the State of Montana, in
and for the County of Silver Bow.
Verneta CASTLE, Plaintiff,
VS..
Buel Nj. CASTLE, Defendant.
The State Of Montana Sends Greetings to
the Above Named DEPENDENT;
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 with
in twenty 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 the
complaint; which is as follows, to-wit: The
plaintiff complains and alleges;
That plaintiff and defendant intermarried
at Butte, Montana, on the 18th day of De-
cember 1929, and ever since said date, have
been and now are husband and wife.
2.
That the plaintiff is now and has been
for more than one year Immediately pre-
ceeding the commencement Of this action,
to-wit; the End Of August, 1884, an actual
bona fide resident of the State Of Mon
tana.
That as issue Of said marriage, one child
has been born, to-wit; Donald Lloyd Cast
lie. now of the age of eleven months; that
said minor child is in the care, custody
and control of plaintiff, at Butte, in the
County of Silver Bow, State of Montana.
4.
That the defendant, disregarding the
solemnity of his marriage VOW, has been
guilty Of extreme cruelty of and toward
this plaintiff, by the infliction of g%rievous
mental suffering upon the plaintiff by the
defendant, by a course OF conduct towards
and treatment of this plaintiff by defen-
liant, which has been existing and persist
ed in by said defendant continuously for
a period Of more than one full year i'm
mediately proceeding the commencement oil
plaintiffs action, to-witi the End day OIL
August, 1884, which conduct was justly
and reasonably of such a nature and char
acter as to destroy the peace Of mind anc
happiness of the plaintiff and to entirely
defeat the proper and legitimate objects
Of marriage and to render the continuance
Of the marriage relation between plaintiff
and defendant perpetually unreasonable anc
intolerable to the plaintiff. That said acts
and conduct of the defendant which hat
caused grievous mental suffering to thi'
plaintiff are as follows; That defendan.
has upon divers and numerous occasion
quarrelled, upbraided, swore at, and threat
en- to strike plaintiff, and on or about tn
1 AA1 - 4 . ~ - NA1 1890
3t20 Sheridan Avenue, Butte, Montana, thu
said defendant in an angry manner strucl
and threw plaintiff against the range il
their home and seriously injured her sid
from which said injury, and by reasol
thereof she was confined to her bed for
period Of two days; that during the perioc
of CESSATION Of their baby the defendan
was abusive, inatentive and actually lef
plaintiff alone for a period Of three month
during her delicate condition. That all o
the aforesaid conduct upon the part o
the defendant has occurred without caus
or provocation upon the part of the plain
tiff who has at all times remained an'
been a faithful and dutiful wife of, and to
ward the defendant.
s..
That plaintiff is a fit and proper person
to have the care, custody and control o
said minor child that defendant is not
fit and proper person to have the care
custody and control of said minor child.
That the sum of one hundred q 10000
dollars is a reasonable amount to be al
lowed plaintiff as and for attorney fees 70
the prosecution of this action.
WHEREFORE, plaintiff prays that tn
bonds of matrimony heretofore and now ex
listing between plaintiff and defendant b
served and dissolved and that plaintiff b
awarded a decree Of absolute divorce iron
said defendant, and the care, custody an,
control Of their minor child and the sun
Of one hundred dollars counsel fees. Plain
tiff prays for general relief.
WITNESS my hand and the seal of sal
Court this End day of August, A. D.. 1884
COURT SEALl
F. P. KELLY, Clerk.
By Mary O'Brien, Deputy Clerk.
Z. D. ELDERKlN, S. w. Bdwy., Butte, Mon
Attorney for Plaintiff.
First Publication August, 9, l934-4T.