Montana labor news., 1938-09-29

In the District Court of the Second Jul
dicial District of the State OF Montana.
In and for the County of Silver Bow.
LOUISE c. MILLER Plaintiff,
VS..
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, a
copy OF which is herewith served upon
you, n to file you 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 viii 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, 1886,
and ever since said date have been, and
now are, husband and wife; that plaintiff
has been, for more than one year lmmedi-
ately preceding the commencement of this
action, a BONA flde 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 is not a fit or proper
person to have the care n custody of
said child because of the acts of cruelty
hereinafter set out, to-Wit, 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.
PENDANT is justly n 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-
teat and has defeated the proper and
legitimate objects Of marriage, and to
render and it has rendered the continu-
ance of the marriage relation between the
parties hereto perpetually unreasonable
and lntolerable 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 u%ngovern-
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, n defendant has, on many occa-
slons embarrassed plaintiff by using vile
and abusive language in the presence OF
company, has threatened to take her child
from her, n failed to furnish her with
the necessaries of life, all OF which have
caused plaintiff grieVous mental suffering
and rendered the marriage relation in
tolerable to the plaintiff. Plaintiff prays
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
and proper.
WITNESS my hand and the seal of said
Court this 9th day Of September. A. D.
ELMER SHEA, Clerk.
By j.. M. KRISTICH, Deputy Clerk.
COURT SEAL)
w. Z. COYLE,
Attorney for Plaintiff,
32-35 Hirbour Bldg, Butte, Montana.
First publication September 8, l938.-4T.