Enders Petition for Divorce, 1924

ENDERS, KNOEBEL, HARRINGTON

Posted By: Lisa Woiwood (email)
Date: 4/6/2016 at 13:54:17

In The District Court of Iowa And For Clayton County

Petition for Equity for Divorce

Ruth S. Enders
Vs
Mike Theodore Enders

For her claim and cause of action and grounds for divorce and other equitable relief, plaintiff states:-

1. She is now and has been continuously for many years last past and actual bona fide resident of Mendon Township, Clayton County, Iowa and such residence has not been for the purpose of obtaining a divorce.

2. Plaintiff and defendant were married at Monona, Clayton County, Iowa November 13, 1913, and are now husband and wife; and plaintiff has at all time conducted herself towards defendant as a faithful, loving, and dutiful wife, and has in no way at any time violated her obligation to the defendant as such.

3. There was born to the plaintiff and defendant as a result of such marriage three children; Earl, born December 27, 1915; June born June 12, 1918; and Gregory, born February 23, 1921; all of which said children are now being cared for at Children’s Orphan Home at Davenport, Iowa; because of the failure of defendant to support and provide a home for them and plaintiff, and because of his neglect, cruelty and ill temperament of said children and plaintiff has at no permanently surrendered her custody and control of said children, and is anxious and willing, when her circumstances will permit to resume the permanent care and support of said children.

4. Defendant in violation of his marriage vows has, since contracting marriage with the plaintiff, become a habitual drunkard, and has also been guilty of such cruel and inhuman treatment toward plaintiff and toward minor children of plaintiff and defendant as to wholly destroy plaintiff’s happiness, peace of mind, and enjoyment of live, and ruined and undermine her health and endanger her life.

5. Neither party to this suit has any property whatsoever other than their respective personal earnings, and a small quantity of household goods, furniture and personal belongings.

6. Defendant is an able bodied man capable of earning satisfactory wages and salary and does earn, when employed, good wage amply sufficient to support plaintiff and said children but dissipated some in drunkenness, debauchery, idling and other extravagancies.

Wherefore:

Plaintiff prays that the bonds of matrimony now and heretofore existing between herself and the defendant be dissolved, and that plaintiff be absolutely and unconditionally divorced from defendant and that the custody of the aforesaid minor children be award to plaintiff; and that it be further established, adjudged and decreed that defendant is capable of earning sufficient money to support and maintain said children, and that he be adjudged unconditionally liable therefore such sums and as may be equitable between the parties and for protection of the right and interest of said children, and the plaintiff have judgment for temporary and permanent alimony in such sums as the court may fix and determine including attorney fees, preparation for (unreadable) case, and taxable court costs, and (unreadable) necessary and proper disbursements herein, and for such other and further relief in the promises as may be equitable.

(signature) William S. Hart
Attorney for Plaintiff

State of Wis.
(Unreadable) County

SS.

Ruth S. Enders being sworn says:

That the plaintiff named in the foregoing petition and know contents of said petition, and that allegations thereof are true and she verity believes.

(signature) Ruth S. Enders

Subscribed and sworn to before me by above subscribing affiant the 16th of October, A. D. 1924

(signature) Notary Public of Wisconsin in and for (Unreadable) County.

In The District Court Of Iowa, In and For Clayton County
Affidavit For Publication of Notice

Ruth S. Enders
Vs
Mike Theordore Enders

State of Wis
LaCrosse County

Ruth S. Enders Being Sworn says:-

That she is plaintiff in above entitled cause of action

Defendant some months prior of making this affidavit absconded from the State of Iowa, and has absented himself continuously from said state until the present tie: and is non in contemplation of law with reference to services by publications, a non-resident of State of Iowa; and personal service of original notice of above entitled cause of action cannot be made upon defendant with the State of Iowa

(signature) Ruth S. Enders.

Subscribed and sworn to before me by Ruth S. Enders this 16th of October A.D. 1924.

(signature) Notary Public of Wis in and for La Crosse.

State Of Iowa, Clayton County – ss.
I J. M. Holmes do solemnly swear, that I am editor of the GUTTENBERG PRESS, a weekly newpaper, published at Guttenberg, in said County, and I herby certify that the notice, of which the annexed is a copy, was published for four consecutive weeks in said paper, late of which was on the 13th day of November 1924

(signature J. M. Holmes) sworn and subscribed in presence this 18th day of November 1924 (signature of Notary Public)

Original notice:
In the District Court of Iowa, in and for Clayton County

Ruth s. Enders Vs Mike Theodore Enders

You are hereby notified that there will be filed November 14, 1924, in office clerk District Court Clayton County Iowa, the petition of Ruth s. Enders demanding that she be divorced from you upon the grounds of cruel and inhuman treatment and that you have become a habitual drunkard, and asking custody of minor children of yourself and plaintiff, with temporary and permanent alimony, and allowances and other and further equitable relief; and unless you appear and make defense thereto of before noon of the second day of next term of court which convenes at Elkader in said County; November 24, 1924; default will taken against you and judgment and decree rendered as pray for in petition.

Oct 28-Nov 13
William S. Hart
Attorney for Plaintiff

______________________

For more family info. and lots of photos, visit the Knoebel & Harrington Family Album in the Photo section of the Clayton co. IAGenWeb website (follow the link below)

Clayton co. IAGenWeb
 

Clayton Documents maintained by Sharyl Ferrall.
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