Augusta J. Holden
Order Book L
Augusta J. Holden vs Moore Holden, April 12
Comes now into open Court said plaintiff by Davis and Love her Attorneys and proves to the Satisfaction of the Court by the affidavit of Reuben Spicer, Editor and Publisher of the Shelby Volunteer a public weekly newspaper of general Circulation, printed and published in Shelby County, Indiana, that due and legal notice has been given said Defendant, who is a non-resident of the State of Indiana, of the pendency of this action, by publication thereof for four weeks successively in said Newspaper, the last of said publications having been made at least thirty days prior to the first day of the present Term of this Court. And now on plaintiff's motion said defendant being three Times audibly called, comes not, but herein wholly makes default, Whereupon this Cause is submitted to the summary decision of the Court for hearing and judgment upon the Complaint and Default aforesaid. And the Court having heard the Evidence and being sufficiently advised finds that the matters and things alleged in the plaintiffs Complaint are true, and that she should be divorced from said Defendant.
It is therefore ordered adjudged and decreed by the Court that the Plaintiff Augusta J. Holden be and sge is hereby divorced from the Defendant Moore Holden, that the marital Tie heretofore and now subsisting between said parties be and the same is hereby dissolved, vacated and held for naught, as fully and entirely, as if the same had never been consummated; It is further ordered adjudged and decreed by the Court, that the Plaintiffs name be changed from Augusta J. Holden to that of Augusta J. Dearmin, that having been her maiden name and that she recover of said Defendant as and for her alimony the Sum of Three Hundred Dollars, to be paid as follows: One Hundred Dollars thereof at this date, one hundred Dollars in one and one hundred Dollars in two years after this Date.—
It is further considered by the Court that the Plaintiff recover of said Defendant her Costs and charges herein laid out and expended.
The following was transcribed from the paperwork store in the Clerk's Vault
Augusta J. Holden vs Moore Holden
Be it remembered that on this 12 day of February 1869 personally came before me the undersigned Notary Public within and for said County, James M. Dearmin who being duly sworn upon his oath deposeth and says that he is personally acquainted with the def't in the above entitled cause, and that he the said Def't is a non-resident of the State of Indiana. That affiant has no interest in the above entitled cause and such affiant sayeth not.
Affidavit of Non-residency
Signed: James M. Dearmin
Complaint, Shelby County Court April ?, 1869
Notarized by : Richard Norris
~ ~ ~ ~ ~ ~ ~
Augusta J. Holden complains of Moore Holden and respectfully represents and shows to the Court that she is and has been for more than one year last past a bonafide resident of the County of Shelby and State of Indiana and now does and has for more than two years last past to wit all her life had and maintained a good representation for chastity and virtue. She further states that heretofore to wit on the 17th day of March 1864 she and the defendant in said County were lawfully married to each other and lived together as husband and wife for the space of about one month at the end of which time the defendant entered into the military service of the United St as a volunteer and remained in said service until in February 1866, during all of which time the defendant only visited the plaintiff but once in Dec 1864 and remained with her for the space of about two weeks at the end of which time he returned to the army, and at the end of his term of service to wit in Feb 1866 he was discharged from said service and did not and has not returned to the plaintiff but on such day of February 1866 without any justifiable cause or excuse abandoned the plaintiff and has without legal cause or excuse been from that time to the present living separate and apart from the plaintiff and still is living separate and apart from her. She further states that at all times since said marriage she has treated the defendant kindly and affectionately and performed to the best of her ability her duties as his wife when he would live with her. But notwithstanding her kind, affectionate and dutiful treatment of the plaintiff yet he wholly disregarding his duties from time of said marriage to the present has wholly failed and refused to make any reasonable provision or any provision whatever for her support. She states there are no children from said marriage wherefore the plaintiff prays for judgment for a decree divorcing her from the defendant fully setting aside and dissolving the marital tie existing between her and the defendant and also that her name be changed to Augusta J. Dearmin being her maiden name and all other proper relief.
Signed: Augusta J. Holden by Davis and Love, her attorneys
Transcribed by Deb Holden
Common Pleas Moore Holden VS John Waldorf
Complaint Demand $75.00
Box 25 Filed April 24, 1855
J. Vernon Clk C. Wright Atty for Plff.
State of Indiana || In the Court of Common Pleas|
Shelby County SS || June Term 1855|
complains of John Waldorf and says that the defendant on the 13th day of October 1854 made his note of that date, a copy of which is filed herewith and thereby promised to pay to the plaintiff one day after the date thereof the sum of fifty five dollars and eighty cents for value received without relief from valuation or appraisement Laws, which period has elapsed and said note remains wholly unpaid, and the plaintiff demands judgment for seventy five dollars.
C. Wright Atty for the Plaintiff
$55.80 Doblestown October 15th 1854
One day after date I promise to pay Moore Holden or bearer the sum of fifty five dollars and eighty cents for value received without any relief from obligation or appraisement laws.
Common Pleas Court
Moore Holden VS John Waldorf
Returnable the 1st Monday of June 1855
Damages $75.00 C. Wright Atty for Plff
Received this writ April the 28th 1855 I served this writ as commanded on the within named John Waldorf by reading in his hearing April 28th 1855
Sheriff fees $1.85
Squire L. Vanpelt Sheriff S.C.
The State of Indiana, Shelby County, SS:
The State of Indiana to the Sheriff of Shelby County, Greeting:
You are hereby commanded to summon John Waldorf if he may be found in your bailiwick, to appear before the Judges of the Shelby Common Pleas Court, on the first day of the next term thereof, to be held at the Court House in Shelbyville on the First Monday in June 1855 then and there to answer unto the complaint of Moore Holden and have you then there this writ. Damages seventy five dollars.
In testimony whereof, I Jacob Vernon Clerk of said Court, hereunto affix the seal thereof, and subscribe my name at Shelbyville this 24th day of April 1855.
J. Vernon Clk
Transcribed by Barb Huff
Civil Cases Index