Montana labor news., 1938-02-03
No. 37136
ALIAS SUMMONS

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In the District Court of the Second Ju-
dicial District of the State of Montana,
In and for the County of Silver Bow.
WALTER G. ESLICK, Plaintiff,
RUTH ESLICK, nee Ruth Eardley, De-
The State of Montana Sends Greetings
to the Above Named Defendant: GREET
INGS.
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 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 de-
handed in the complaint.
A general statement of plaintiffs aus
Of action and the relief prayed for, con-
tanned in said complaint, is as follows:
That plaintiff is now, and for more than
one year last past and Immediately pre-
ceding the date Of the commencement OF
this action, to-wit: December 9, 1887, has
been a bona fide resident of the state of
Montana,
That you and plaintiff went through a
form Of marriage, and were married, at
Butte, Montana, on october l, 1887, and
that said marriage has not since said
date been annulled or set aside; that you
induced, procured, and obtained the plain
I'LL 10 COiloCnl To- anu 6OlSllllllkE SdAD
marriage ceremony by fraud on your part
in this.
That in said marriage ceremony, at the
time of the sOlemnization thereof, and at
all other times, you fraudulently and
falsely represented to plaintiff that you
would consummate said marriage and
would cohabit with plaintiff as his wife;
that, unknown to plaintiff, you secretly
intended not to consummate said mar
riage or to cohabit with plaintiff; that al
all times since the solemniZation of saio
marriage you refused to live and cohabit
with the plaintiff as his wife; that plain
tiff entered into said marriage contract
ignorant of your said secret intent ano
believed that you were cOnsenting in good
faith to be his wife and that you intend
ed, and by said contract and ceremony
expressly and implicitly represented, tC
him and to all other persons that you
would live with and reasonably cohabii
with him as his wife; that plaintiff was
induced solely by his said belief and you1
said false and fraudulent representation
to consent to and enter into such mar
riage; and that otherwise plaintiff WOulo
not have gone through said form of mar
riage or any marriage with you, or mar
said secret intent, that said marriage oil
you and plaintiff has " been consum-
mated and you II plaintiff have not
lived and %cohabited together as husband
and wife; that plaintiff desires to, ano
has, elected to consider, treat, and de-
clare, and he does hereby consider, treat
and declare, n Sald marriage TO be void
null, of non effect as if marriage, ano
form Of marriage, had not been solem-
niZed.
WHEREFORE, plaintiff prays that the
marriage entered into between him ano
the defendant be declared null and void
and of one effect at IN time, and par
ticularly, from the time of its solemniza-
ton and thenceforth; that plaintiff anc
defendant be restored to their status a.
single persons, to the same extent as il
said marriage and form of marriage haC
not been solemnized or entered into, al
in accordance with the statute in sucf
case made and provided; and for sucf
other or further relief in the premises az
may be Just and equitable.
WITNESS my hand and the seal of sale
Court this 18th day of January, A. d. 1888
ELMER SHEA, Clerk.
By J. D. FREEBOURN, Deputy Clerk
COURT SEAL)
PHILIP O'DONNELL,
504 Silver Bow Building, Butte, Montana,
Attorney for Plaintiff.
First publication February 3, 19S8.-4T.