Shelby  County,  Indiana

Elzy  R.  Ensminger
Mary  J.  Ensminger

Shelby Circuit Court Box 120     No. 1175
Filed March 18 1872     John Elliott  Clerk

Application For Divorce

Richard Norris  Atty
State of Indiana     Shelby County

            Mary J. Ensminger  hereby denies the issuing and service of summons upon her and hereby appears to this action without further notice.  March 13th 1872
Mary J. Ensminger by  K.M. Hord  her Atty        

State of Indiana Circuit Court
Shelby County April Term 1872
Elzy R. Ensminger  VS Mary J. Ensminger Divorce

            The plaintiff Elzy R. Ensminger complains of Mary J. Ensminger Defendant and says that he is now and has been for more than one year last past a resident of Shelby county and State of Indiana and that on the 8th day of June 1867 he and the Defendant intermarried at said County, and that within ten days after said time the defendant disregarding her duties as his wife abandoned him without any cause whatsoever and notwithstanding he has on divers and sundry occasions earnestly and persistently requested and beseeched the Defendant to come and live with him and share his home and affection she has persistently refused to live with him and has continued to disregard his solicitations for her return home.
            The plaintiff further says that the defendant abandoned him without cause and has no reason for her continued abandonment of him.
            Wherefore the plaintiff demands a judgment for a Divorce and all other proper relief.
Richard Norris Atty for Plff.    

[Written in margin] --- marriage he was under the age of seventeen (17) years and not of lawful age to contract marriage . He therefore asks the Court to declare said marriage void.

Cross Complaint

Circuit Court     April Term 1872
Answer & Cross Complaint
Hord & Blair Attys
Filed April 1 1872     John Elliott Clerk
State of Indiana Circuit Court
Shelby County          April Term 1872
Elzy R. Ensminger  VS  Mary J. Ensminger   

            The defendant Mary J. Ensminger for answer to plaintiffs complaint admits the marriage as alleged in the Complaint but specifically denies each and every other material allegations in the said Complaint,
            The defendant Mary J. Ensminger by every of Cross Complaint to the plaintiffs complaint says, that on the 8th day of June A.D. 1867 she was married to the plaintiff and that she was then and has continued up to this time to be a resident of Shelby the State of Indiana.  That immediately upon the solemnization of said marriage the plaintiff abandoned this defendant and fled from the state and so continued to remain out of the State for about two years and then stealthily returned home to the residence of his father in Shelby County where he has continued to remain since that time and from the time of the first abandonment of this defendant by the plaintiff up to this time he has provided nothing for her or the child of the plaintiff herein after mentioned.
            That at the time of the abandonment of this Deft. by the plaintiff she was pregnant with a child of which the plaintiff was the father who was born on the 6th day of December A.D. 1867 and which now past four years and a male child named after the plaintiff Elzy Ensminger and that from the time of its birth up to this time he has provided nothing for said child but that she by her own labor and industry has provided for herself and said child.  Nor has the plaintiff at any time given any recognition of her as his wife or of her said child.  She would further show that the abandonment and neglect was without cause.
            That she has always maintained a good character for Chastity and been ready and willing to live with him as his wife but he has always treated her with cold, neglect and contempt.  That she should have custody of said infant child for the reasons above set forth.
            Wherefore the Defendant Demands a decree for Divorce and the custody of said infant child.
Hord & Blair     Attys for Defendant         

Reply to Answer & Cross Complaint

Circuit Court     April Term 1872
No. 1175     Elzy R. Ensminger  VS  Mary J. Ensminger
Filed April 4 1872     R. Norris Atty for Plff 
John Elliott Clerk

State of Indiana                          Circuit Court
Shelby County          April Term 1872

            The plaintiff for Reply to the said Answer and cross Complaint of the Defendant Mary J. Ensminger herein filed, says that he specifically denies each and every material allegation thereof in said Answer & Cross Complaint contained.
                    Richard Norris     Atty for Plaintiff

Transcribed by Barb Huff

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