Montana labor news., 1938-02-24


In the District Court of the Second Ju
dlcial District of the State Of Montana,
In and for the County of Silver Bow
WALTER G. ESLICK, Plaintiff,
RUTH EsLIcK, nee Ruth Eardley, De-
fendant.
The State of Montana Sends Greetings
e the Above Named Defendant; GREET
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 10
appear or answer, judgment will be taken
against you by default for the relief de-
manded in the complaint
A general statement of plaintiffs cause
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 Gate of the commencement of
this action, to-Wit: December g. 1887, has
been bona fide resident of the state of
Montana;
form of marriage, and We're 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
tiff to consent to, and solemnize said
marriage ceremony by fraud on your part
in this:
That in said marriage ceremony, at the
| time OF the SOlemn1zation 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 at
all times since the solemnization of said
-t.sA
with the plaintiff as his wife; that plain
tiff entered into said marriage contract,
ignorant OF your said secret intent and
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 impliedly represented, to
him and to all other persons that you
would live with and reasonably cohabit
with him as his wife; that plaintiff was
induced solely by his said belief and your
said false and fraudulent representations
to consent to and enter into such mar
riage; and that otherwise plaintiff would
not have gone through said form of mar
riage or any marriage with you, or mar
r1ed you at all, il he had known of your
said secret intent; that said marriage of
you ana Plaintiff has never been consum-
mated and you and plaintiff have not
lived and cOhabited together as husband
and wife; that plaintiff desires to, and
has, elected to consider, treat and de-
clare and he does hereby consider, treat,
and declare, the said marriage to be void,
null, of none effect as if marriage, and
form of marriage, had not been solem-
nized.
WHEREFORE, plaintiff prays that the
marriage entered into between him and
the defendant be declared null and void,
and of none effect at any time and par
ticularly, from the time of its solemniza-
ton and thenceforth; that plaintiff and
defendant be restored to their status as
single persons, to the same extent as if
said marriage and form of marriage had
not been solemnized or entered into, all
in accordance with the statute in such
case made and provided; and for such
other or further relief in the premises as
may be Just and equitable.
WITNESS my hand and the seal of said
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 g. 1938.-4T.