Montana labor news., 1938-09-15
No. 37522
ALIAS SUMMONS


In the District Court Of the Second Ju-
dicial District of the State Of Montana.
In and for the County of Silver Bow
LOUISE c. MILLER. Plaintiff,
JEWELL c. MILLER, 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
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-
manded in the complaint
The complaint recites that plaintiff and
defendant intermarried at Butte, Montana,
on or about the 10th day of October, 1885,
and ever since said date have been, and
now are, husband and wife; that plaintiff
has been, for more than one year immedi-
ately preceding the commencement of this
action a bona fide resident of the State
of Montana; that as issue of said marriage
there is one child, James c. Miller, of the
age of one year, and at present in the care
and custody of the plaintiff and that
plaintiff is a fit and proper person to have
the care and custody of said child; but
that the defendant is not a fit or proper
person to have the care and custody of
said child because of the acts of cruelty
hereinafter set out, to-W1t, the defendant
has been guilty of extreme cruelty toward
and upon the plaintiff by a course of con-
duct toward and treatment of plaintiff
| existing and persisted in for a period of
more than one year before the commence
ment of this action, and which conduct
| toward and treatment of plaintiff by de-
fendant Is justly and reasonably of such a
nature and character as to destroy, and it
has destroyed the peace of mind and
happiness of plaintiff, and entirely to de-
| feat and has defeated the proper and
1 objects
render and it has rendered the continu-
ance of the marriage relation between the
| parties hereto perpetually unreasonable
and intolerable to plaintiff in that during
all of said time defendant has continuously
quarreled with and nagged at this plaintiff
and found fault with the plaintiff, without
/ cause, and the defendant has an ungovern-
able temper and upon one occasion broke
down a door, attempted to strike plaintiff
with an axe, tried to choke this plaintiff
upon another occasion and threw a book
at her, and defendant has, on many occa-
/ sions embarrassed plaintiff by using vile
and abusive language in the presence of
| company, has threatened to take her child
from her, and failed to furnish her with
| the necessaries of life all of which have
caused plaintiff grieVous mental suffering
| and rendered the marriage relation in
Il tolerable to the plaintiff Plaintiff prays
i that she be granted an absolute divorce
from the defendant and that she be
granted the care, custody and maintenance
of the minor child and for such other and
further relief as to the court seems just
WITNESS my hand and the seal of said
Court this 9th day of September, A. D,
ELMER SHEA, Clerk
| (CoURT SEAL
| w. e. COYLE,
Attorney for Plaintiff,
| 32-35 Hirbour Bldg, Butte, Montana.
First publication September g. 1938.-4T.