Montana labor news., 1934-09-13
No. 35055
SUMMONS

SUMMONS
In the District Court of the Second Judi
cial District of the State of Montana, Il
and for the County of Silver Bow.
Della MCGOWAN, Plaintiff,
VS..
Charles MCGOWAN. Defendant.
The State of Montana Sends Greetings t
the Above Named Defendant;
You are hereby summoned to answer tn
complaint in this action, which is filed Il
the office of the Clerk of this Court, a cop,
of which is herewith served upon you; ans
to file your answer and serve a copy there
Of upon the plaintiffs attorney within ~
days after the service OF this ex
elusive of the day of service; and in cast
ment will be taken against you by deiaul
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 allege
that plaintiff and defendant were marrieS
at Butte, Montana, on November 9TH, l9ll
that as the issue of the said marriage ther'
are three children, viz; Mary MCGOWAN,
and Charles MCGOWAN, sons, aged IS anS
l9, respectively; that at Butte, Montana
on or about the 4th day of July, 1929, anC
more than one year Immediately preceding
the commencement of this action. the sale
defendant, disregarding the solemnity o
his marriage VOWS, wilfully and withou
cause deserted and abandoned this plain
tiff, and ever since mas, and still continues
to, so Wilfully ana without cause desert dut
abandon the plaintiff, and to live separate
and apart from her, without any s%utticien
cause or reason, and against her will, ant
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 thii
action. the said defendant has been guilt
of wilful neglect of this plaintiff, in tina
the said defendant, during all of said time
has failed, neglected and refused to furnish
this plaintiff with the common necessarie'
Of life, even though, during the greater por
ton of said time, he had the ability to d.
so; that since the said marriage the plain
tiff and defendant, by their united exer
tons, acquired certain real property which
is described as follows, to-wit; Lots ans
IS in Block u 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 Clerl
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 tina
in lieu of support money from defendan
she be awarded the real property abovl
described, and that title thereto be vestec
in her absolutely. free from all claims o
the defendant thereon of any nature: tina
the care, custody, control and education o
the minor children of the parties hereto
viz: Charles MCGOWAN and John MCGOWAN
be awarded to plaintiff: That the cour
grant a decree of separation from bed an,
board forever; and for such other and fur
Their relief as shall be meet in the premi
SEES.
Witness my hand and the seal of sale
Court this 5th day Of September, 1884.
COURT SEAL)
F. P. KELLY, Clerk.
By P. H. SULLIVAN, Deputy Clerk
GEORGE D. TOOLE,
Attorney for Plaintiff,
1916 Owsley Block, Butte, Montana.
First Publication September 9th, l934-4T