Thelma Mason  vs  Clarence Mason

No. 14351


Returnable 6" day of July, 1926
44" Judicial day May Term, 1926
James V. Briggs Attorneys for Plaintiff

Came to hand June 18", 1926
          I do hereby certify that I served this summons on the 18" day of June 1926, by reading the same to and within the hearing of Clarence Mason
Geo. A. Nigh, Sheriff of Shelby county

        Sheriff's  Fees
Mileage  $20
Service 40
Return 10
Docket 10
Return on Docket    10

SUMMONS-Circuit Court
State of Indiana, Shelby County, ss:

The State of Indiana, To The Sheriff of Shelby County, Greeting:
          You are hereby commanded to summon Clarence Mason to appear in the Circuit Court of Shelby County, before the Judge thereof, on the 6" day of July 1926, the 44" Judicial day of its May Term, 1926, now being held at the Court House in Shelbyville, county of Shelby, and State of Indiana, then and there to answer the complaint of Thelma Mason for service Demand, and of this writ make due return.
          Witness, the clerk of said court and the seal thereof hereunto affixed at Shelbyville, this 18" day of June, 1926.
Gordon Thurston, Clerk S.C. C.


Complaint for Divorce

Thelma Mason
Clarence Mason
          Filed June 18, 1926 Gordon Thurston Clerk Shelby Circuit Court
          James V. Briggs Atty for Ptff.
          June 18, 1926 = Rec'd $4.00                           Gordon Thurston Clerk

To the Clerk of Shelby Circuit Court                                                                 6/18/26
          Summons to the sheriff of Shelby County for Defendant to appear and answer this complaint on
July 6th, 1926                 James V. Briggs                 Atty for Ptff.

State of Indiana In the Shelby Circuit Court
County of Shelby, SS: May Term, 1926

Thelma Mason
        VS                                             Complaint for an Absolute Divorce
Clarence Mason

          In the above and foregoing cause the plaintiff, Thelma Mason, complains of the defendant, Clarence Mason, and says that she and said defendant are wife and husband, that they were duly and legally married on the 9th day of March, 1923, and lived together as husband and wife until the 27th day of February, 1926, at which time they separated and have not lived together as husband and wife since said date.
          That there has been born to plaintiff, as the fruits of her marriage with said defendant, a son, Norman Dale Mason, aged two years, September 25th, 1925.
          That said defendant has been guilty of cruel and inhuman treatment of this plaintiff, in this:  Defendant failed to adequately provide for this plaintiff during their entire married life, that he failed and refused to work in order to obtain funds to care for this plaintiff and their said child although he had no property; that he was employed only about six months during the three years they lived together as husband and wife; that he would spend entire days away from home without letting this plaintiff know of his whereabouts or without supplying this plaintiff with food and shelter; that he failed to provide food and shelter for their child, and clothing for this plaintiff and said child; that he treated this plaintiff in such a cruel and inhuman manner to the extent of making her living with him intolerable.
          Plaintiff further avers that defendant railed and refused to go to housekeeping after their said marriage, but would rent furnished rooms for them to live in; that when he would not have the money to pay the rent for such furnished rooms he would vacate them and this plaintiff would have to return to the home of her father to live, and that he, the said plaintiff herein, would only secure other rooms after considerable imploration upon the part of this plaintiff.
          That as the fruits of said marriage a son was born to this plaintiff on September 24, 1923, christened Norman Dale Mason as aforesaid; that a week before said child was born the defendant herein sent this plaintiff to the home of his mother at Edinburg, Indiana, while he remained in this city of Shelbyville, Indiana; that although she telephoned to him to come to her he refused to do so until the day before the birth of said child and then complained because he wanted to return to Shelbyville.  That he failed to provide medical expenses for her at the time of the birth of said child and that his said mother had to furnish said services as well as to provide clothing for said child.

          That during the entire married life of the parties hereto the defendant failed to provide this plaintiff with sufficient clothing and that she was forced to wear cast off clothing of her mother's.  That plaintiff failed to provide food for their said son and that this plaintiff was forced to go to the home of her father to obtain food for the said child.  That when said child was five months old the defendant herein placed it in the hands of a hired nurse and sent this plaintiff to Cincinnati to visit with her cousin, although he refused to give her transportation money for said trip and she was forced to obtain the same from her mother.  That upon her return she found that the baby had contracted whooping-cough and was suffering heat eruptions.
          That after the parties hereto had been married two and one-half years the defendant did go to housekeeping but that he failed to pay the rent and without the knowledge of this plaintiff secured the services of a drayman and had their furniture moved to the home of her father, where it remains.  That defendant spent his entire time gambling and would remain away from this plaintiff nearly all night every night and that on Saturday nights he would remain away from home all night and return to their home early Sunday morning.  That defendant would refuse to give this plaintiff money to use for household expenses, but would spend money lavishly upon young men companions; that at one time he took several chums to Richmond, Indiana, to witness a basketball tournament and spent more than one hundred dollars on them when his family was in need of funds.  That defendant would not pay his just debts and failed to pay the premium on life insurance policies and permitted the same to lapse.
          Plaintiff further alleges that she has been compelled to employ an attorney to bring and prosecute this action, and that she has employed James V. Briggs, a practicing attorney at this bar, to represent her in this action, and that a reasonable fee for her said attorney is fifty dollars.
          Wherefore, plaintiff asks that the bonds of matrimony heretofore existing between this plaintiff and defendant be dissolved, that the plaintiff be granted an absolute divorce and judgment against defendant for fifty dollars attorney's fee, and for all other proper and necessary relief in the premises.

James V. Briggs Attorney for Plaintiff

State of Indiana In the Shelby Circuit Court
County of Shelby, SS: May Term, 1926

Thelma Mason
        VS                                         Affidavit of residence of Plaintiff
Clarence Mason
          Thelma Mason, being first duly sworn upon her oath, says:  that she is the plaintiff in the above entitled cause of action, which is an action for a divorce, and that she has been a bona fide resident of the State of Indiana for over ten years, last past, and for the last two years she has resided at No. 1110 S. Noble St. and 40 McKinzie St., Shelbyville Indiana, Shelby County.  Affiant further says that she is by occupation a housewife.
Thelma Mason

Subscribed and sworn to before me, the undersigned, a notary public, this 18th day of June, 1926. 
James Briggs         Notary Public

Shelby Circuit Court Filed October 9, 1926
October Term 1926 Gordon Thurston Clerk Shelby Cir Court


State of Indiana Shelby Circuit Court
County of Shelby, SS: October Term, 1926

Thelma Mason
        VS                                             Answer Gen Div.
Clarence Mason

          Comes now the defendant in the above entitled cause, and for answer to plaintiff complaint herein says he denies each and every material allegation therein contained.

Cheney & Tolen Attys

Transcribed by Barb Huff

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