Montana labor news., 1935-11-28

lA Ant DAoAilCl &pufL OF the second JUDICIAL
District OF the State Of Montana, in and
for the County Of Silver Bow.
ALTA M. DeWALT, Plaintiff,
CLARENCE W. DewALT. 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 days after the service of this sum-
mons, exclusive of the day of service; and
in case oil your failure to appear or answer,
Judgment will be taken against you by de-
fault for the relief demanded in the com
plant, which complaint reads as follows,
to-wit.
That she is now and for more than one
year preceding the 10th day of November,
1885, and for more than one year next
preceding the filing Of this complaint, has
been an actual and bona fide resident of
the State of Montana.
That plaintiff and defendant intermarried
at Liberty, Missouri, on or about the 9th
day Of March. 1925, and ever since said
time have been and now are husband and
wife.
That as the issue of said marriage there is
one minor child. Richard Charles DeWalt.
of the age of IA years.
That defendant has been guilty of ex-
IRENE cruelty toward plaintiff, which said
extreme cruelty has consisted of the fol
lowing acts, to-wit; That said defendant
for more than one year before the 10th
day OF November. 1888, the date of the fill
ing Of this complaint has continually ours
ed plaintiff, has, upon numerous occasions.
slapped and struck plaintiff, defendant is
possessed Of a vicious temper and during
said period of time constantly quarreled
and expressed his dissatisfaction with plain
tiff, all without any Just cause or provo
cation and all of which has resulted in
the intiction by defendant upon plaintiff
or grievous mental suffering and which
said course of conduct and treatment of
plaintiff by defendant has existed and been
persisted in Tor a period of more than one
year before the 10th day Of November,
l935, the date of the commencement of
this action for divorce, and which said
conduct justly and reasonably is of such
a nature and character as so to destroy
and did destroy the peace of mind and hap
Piness of plaintiff and did entirely defeat
the proper and legitimate objects Of mar
riage and renders the continuance of the
married relation between the parties per
petually unreasonable and intolerable to
plaintiff.
That by reason of the facts herein al.
legged and because Of the conduct of de-
PENDANT, defendant is not a fit or proper
person to have the care, custody or con
troll Of said minor child, Richard Charles
DeWalt' but that plaintiff is a fit and pro-
control.
WHEREFORE. Plaintiff prays judsmen
against defendant that the bonds Of matri-
mony heretofore and now existing between
plaintiff and defendant be dissolved and
forever set aside and each of the parties
relieved from all Of the obligations result.
ing therefrom and that plaintiff be given the
absolute care, custody and control of said
minor child, Richard Charles DeWalt, and
for such other and further relief as to the
Court may seem equitable and just in the
premises.
WITNESS my hand and the seal of said
Court this 10th day of November, A, D.,
COURT SEAL)
F.. P. KELLY, Clerk.
WILLIAM MEYER,
Attorney for Plaintiff,
III Pennsylvania Blk,
Butte, Montana.
First Publication November II, l935-4T.