Shelby County, Indiana
George W. Fleming
Divorce and custody
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Filed Sept 29" 1879
B. S. Sutton
B. F. Love
Atty for Plff
|State of Indiana
|| In the Shelby Circuit
|| Court October Term 1879.
|George W Flemming
Now comes the plaintiff Viola Flemming in the above entitled cause and complaining of said George W. Flemming says: that her maiden name was Viola Robinson that heretofore towit: on the 3d day of April 1870 she and the defendant were in Hancock County Indiana duly and legally married. That after their said marriage she and the defendant began to live together and so continued to live together as husband and wife until on the 26th day of December 1876. During all of which time she treated the defendant kindly and affectionately and performed all of her duties towards him as his wife.
That there were born to the plaintiff and defendant as the fruits of said marriage two children to-wit: Fannie Flemming who was eight years old August 16th 1879. and
Estella Flemming who was four years old December 26th 1878.
That on said 26th day of December 1876 she was compelled to and did leave the defendant and ceased to live with him as his wife on account of the habitual drunkeness[sic] of said defendant.
[In the left margin, this section is marked "A".]
That afterwards and on the first day of January 1877, she returned to said defendant and began to live with said defendant as his wife upon faith of the solemn promises of the defendant, then made to her, and the assurance of the defendant to her, that if she would return to live with him that he would not again get drunk and that he would provide for her and their children and treat her kindly and perform his duty toward her as her husband in every respect.
[In the left margin, this section is marked "B".]
That she was induced to and did from said 1st day of January 1877 live with said defendant as his wife until on the 26th day of September 1877 . during all of which time she treated the defendant kindly and performed all of her duties towards him as his wife.
[In the left margin, this section is marked "C".]
That on said 26th day of September 1877 she was again compelled to and did leave the defendant and cease to live with the defendant by reason of and on account of the violations of the said promises did again begin the excessive use of Intoxicating liquors whereby he became intoxicated and was continuously intoxicated for a great length of time towit: one week.
[In the left margin, this section is marked "D".]
And the plaintiff says that the defendant did further violate his said promises and assurances to her in this towit:
[There is a large blank space here.]
And the plaintiff says that since said 26th day of September 1877 she has remained separate and apart from and has not lived with the defendant as his wife. And the plaintiff further says that ever since said 26th day of September 1879 [error? 1877?] and for more than two years last past the defendant has been and still is an habitual drunkard.
And the plaintiff further says that the defendant in violation of his said promises and assurances made to her and in violation of this marital duties has continuously for more than two years last past has failed to make reasonable provision for his family said family being the plaintiff and said children. The the plaintiff ever since said 26th day of September 1877 has had the care and custody of said children and has supported the same.
And the plaintiff shows to the court that said children are of tender years and are females and that she is a suitable person to have the custody of them, the the defendant is not a suitable person to have the custody of said children because of his reckless and dissolute habits, that he owns no property and that his habits are such that it is not probably that he would support said children nor properly train and care for them.
And the plaintiff says that she now is and for more than two years last past has been a bona fide resident of Shelby County in the State of Indiana and she prays the court to adjudge and decree by decree of Divorce that the marital tie now existing between her and the defendant be permanently dissolved and that their relation as husband and wife be terminated. and that the court award her the custody of said children and all other and further proper relief.
Ben F. Love
Atty for Plff.
Clerk will please issue summons on within complaint requiring the defendant to appear and answer the same on the 15" day of October 1879 the same being the 1
45th Judicial day of the October Term 1879 of the Shelby Circuit Court.
Sept 29" 1879
by B. F. Love
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Motion to Suspend
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Filed October 18" 1879
Bellamy S. Sutton
State of Indiana
George W. Flemming
George W. Flemming being duly sworn on his oath deposees and says that he is the defendant in the above entitled cause that theretofore towit on the day of 1878, the plaintiff filed her complaint in the Shelby Circuit Court alleging the same matters and grounds for divorce in substance as she alleges them in her Complaint in the above entitled cause, that on the day of 1878, she dismissed said cause and a Judgement was rendered against her for the costs accrued therein. That said cost and Judgement remains unpaid and unsatisfied, where fore the defendant asks that this cause be suspened until said cost is paid and said Judgement satisfied and that in default thereof this cause be dismissed
/s/ George W Flemming
Subscribed and sworn to before me the undersigned this 15th day of October, 1879.
Oliver B Phillips
Fleming v Fleming
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lived with Mrs Fleming at Indianapolis about 5 years ago been there about three months
George got drunk and vomited on the bed. That was on Christmas eve & her child was born the day after Christmas
He was dead drunk all night
George offered $10 and ???
have known pltff for 10 years
have known George about that long
[lawyers writing is illegible]
I keep a saloon I know George gets drunk once in a while
I have known to get drunk for the last two years he has been drunk pretty often - - the last two years. he is in the habit of being [lawyers writing is illegible]
State of Indiana
George W Fleming
Be it remembered that on the 29th day of September 1879 before me B. S. Sutton Clerk of the Circuit Court within and for Shelby County Indiana personally appeared Viola Flemming who being by me duly and legally sworn on her oath says that she was born on the 29" day of December 1853 in Hancock County Indiana and from the time of her birth remained a resident of said State of Indiana until she was about four years old as near as she is able to state at which time she went out of the State of Indiana into the State of Illinois and remained there a resident of said state about two years and then returned to the State of Indiana and from that time to the present has continuously been a resident of the State of Indiana and now is a resident of said State. That from the time she so took up her residence in the state of Indiana as last aforsaid is about 19 years. and that for the last two years past the first part of said two years up to May 10th 1878 she resided in Brandywine Township in Hancock County in the State of Indiana
and that during the residence of said two years she has and that on said 10" day of May 1878 she took up her residence in the town of Fountaintown Vanburen Township Shelby County Indiana and then continuously resided until the first day of November 1878. that on siad first day of November 1878 she changed her residence into Hanover Township in said county and State and ever since has and now does in said Hanover township in said county and State and that her occupation is dressmaking
Viola FlemingSubscribed and sworn to this 29th day of September
B. S. Sutton
Viola Fleming the above named plaintiff showed to the court that she has settled with the sheriff of this court for all fees due from the cause mentioned -- defts motion to stay proceedings herein and herewith files her receipt....
Contributed by Phyllis Miller Fleming
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