Montana labor news., 1934-05-10
No. 34945
ALIAS SUMMONS

In the District Court of the Second Ju-
| ulelal District of the State of Montana,
In and for the County of Silver Bow.
Joseph b.. Petersen, Plaintiff, VS.. Julia
Petersen, 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 ofIce of the Clerk of this Court, q
copy OF which is herewith served upon you,
ana 70 Tile your answer and serve a copy
tnefeot upon the plaintiffs attorney within
twenty days after the service of this sum-
mons, exclusive of the day Of service; and
m case of your failure to appear or answer,
viii be taken against you by de-
fauit for the relief demanded In the com
plant, which is as follows. to-wit;
|. That the plaintiff and defendant in
tefmarrled at Gerry in the State of Min
nesota ON the 31st day of March. 1901. and
and wife.
II. That no child or children have been
born Of the said marriage.
III. That the plaintiff now is, and has
been a bona-fide resident of the State of
Montana for one year and upwards, to-wit.
for the past twenty-four years prior to the
22nd day of April. 1894, the date Of the
commencement of this action and a resi-
dent OF Silver Bow County for the seven
~. That Julia Petersen. the defendant
herein, being possessed of a violent, I'M
goyernable and homicldal temperament and
iAoHu1ltlOuF nus tftE ElHtt TIE kHi0 nlAFa
rage, treated the plaintiff in an extremely
cruel, barbarous and inhuman manner, and
rendered his condition so intolerable and
burdens0me, n his life so precariOus and
unsafe that he was by reason thereof,
obliged to leave and cease living with her.
| V. That the said extremely cruel and
inhuman conduct consisted In this, that at
divers times and occasions too numerous
to mention, she made threats to kill and
murder him that with that intent and for
that purpose she armed herself at divers
times with deadly weapons, tO-wit: a but
cher-knife, a razor and shears and plain
tiff AYERS that he has good reason to be-
heve, and did, and does believe, and AYERS
the fact to be that she would have carried
out her said intention had he not, on re-
firing to bed on several occasions discOv-
cred one or other of said weapons conceal
ed upon her person on her night garments
and disarmed her that such threats to kill
and murder were made so frequently, per-
slstently and constantly that he cannot at
this time remember the number, the days
or the dates thereof; but he AYERS the fact
to be that they were made on an average
OF ten or twelve times, or more, each month
for the last ten years they resided toge-
ther as husband and wife.
VI. And, particularly, plaintiff AYERS
that at bingham, Hill County, Montana,
on or about the Sth day of May, 1917. de-
PENDANT took a butcher-knife, concealed in
her night garments upon her person to bed
with her with the intent, as she stated. to
kill him, but which he fortunately discov-
cred and, after a struggle, disarmed her
that upon being disarmed she then and
there stated that she would eventually get
MN tmeaning kill and murder hfm) that
on another occasion, to-wit, on the 22nd
day OF July, 1921, at the house then oe-
cupied by them as a residence at Montague.
Choteau County, Montana, she made a
similar attack upon his life with q razor.
concealed in like manner upon her per-
son; that on another occasion, t0-wit. on
the 23rd day of January, 1923, at their
place OF residence, Great Falls, Montana.
she made a similar attempt upon his life
with a scissors, similarly concealed; that
on each of said and divers other occasions.
she made a violent struggle to prevent dis
armament and stated that she would event
nally get him and that It would be all off
with him if he got to sleep-that she hated
him with an intense hatred and the ground
he walked on.
VII. That the frequency of such at
tempts upon his life, and her nagginR and
seoldlng so frequently displayed and per
sisted In and continued for so long a per-
10d, to-wtt, for ten years and upwards
before was obliged to depart from and
cease living with her, was Justly and reas-
onably of such a nature and character as
to destroy the peace and happiness of the
plaintiff, and to entirely defeat the proper
and legitimate ends of marriage, and to
render the marriage relation betwee the
plaintiff defendant unreasonable and
intOlerable.
WHEREFORE, PLAINTIFF demands the
Judgment aud decree Of this court That
the bonds of m%atrimony heretofore and
o existing between the plaintiff and the
defendant herein be dissolved; and that he
be absolutely divorced, released and for
ever freed from all the obligations thereof.
court Seal
WITNESS my hand and the seal of said
Court this 2Sth day of April, A. ID. 1884.
r. p. KELLY, Clerk.
By 2. II. SULLIVAN, Deputy Clerk.
M. j.. ENGLISH,
612 Phoenix Bldg, Butte, Mont,
Attorney for Plaintiff.
First publication May 8, 1934-4t.