Montana labor news., 1945-02-22
No 41199
SUMMONS


In the District Court OF the Second Judicial
District of tine State of Montana, in and
for the County of Silver Bow.
BERNICE L. McNALLY, Plaintiff,
VS.
GEORGE G. McNALLY, 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
demanded in the complaint, which said CONF
plant alleges
That plaintiff is now, and has been for the
period of one fun year last past Immediately
preceding the commencement Of this action,
a bona fide resident Of the State Of Nom
tana; that plaintiff and defendant intermar-
ried at Toledo, Ohio, on or about the 18th
day of April, 1880 and ever since have been
and now are husband and wife, that there
have been two children born as issue Of said
marriage viz, GeOrgene McNaIy a daughter
twelve (l2l years Of age, and Patrick Nc
Nally, q son, five 90 years Of age, both Of
whom reside with plaintiff at Butte, Montana.
and are Of such tender years as to require
the care and attention Of mother that
plaintiff is a fit and proper person to have the
care, custody and control Of said children;
that the defendant is not SO fit by reason
OF his intemperate habits. that the defendant
has been guilty Of willful neglect Of plaintiff
in that the defendant has for the period Of
one full year and more last past and immedi-
ately preceding the commencement Of this
action Wilfully failed, negected, and refused
to provide paintff with the common neces-
saries Of life, he at all Of said times having
the ability 10 do SO in that he was a strong
able-bOdled man, die and tool maker by
trade, able to earn not less than nine (S9OOl
dollars per day working at his trade as a die
and tool maker but that said defendant has
wilfully neglected failed and refused to pro-
vide plaintiff with the common necessaries OF
life to-Wit: food, clothing. shelter, and med
caI attention BY reason Of tdieness, pronigacy,
and dissipation in that said defendant has
during an Of said period failed to work for q
large portion Of the time by reason of his
Incorporate habits and when employed, vast
ed a large part Of his income on drink and
gambling. shat defendant is well able TO sup
port his children and to provide reasonable
support therefor.
Plaintiff seeks relief that she be granted
an absolute divorce from defendant. the care
/ custody, and control Of Ceorrene Mentally ant
/ Patrick MoNally. the minor children OF thl
parties and be awarded a reasonable sum fol
/ the support Of said children and such othei
and further relief as 20 the Court may seen
meet ana equitable In the premises.
Witness my hand and the seal OF said Oour
this 10th day Of January, 1915.
court seaD ELMER SHEA. Clerk.
By PRANK HOLLAND. Deputy cierk.
| j. r. ENnGH,
S. w. Broadway,
Butte, Montana.
Attorney for Plaintiff
FIRST publication Feb 1T