Nebb vs
Nebb
Circuit Court
No. 702
Mary E. Nebb
vs
Jacob Nebb [Neeb*]
Divorce &
Change of Name
filed August 28 1869
JG Wolf Ck
K M Hord
Aty for Def
~ ~ ~ ~ ~ ~ ~
State of Indiana. Shelby County
Circuit Court Fall Term 1869
Mary Emma Nebb Plaintiff
Complains of Jacob Nebb Defendant and says that she has been a
resident of the State of Indiana for more that[sic] a year last passed and that
she has at all times in the past and now does injoy[sic] a good character.
That on the 12the day of March as 1868. at the county of Shelby She was
united in Marriage with the Defendant & so continued to live with him up to
about the first day of August AD 1869 when from the cruel & inhuman
treatment the defendant to her and also the neglect of the Defendant to make any
provision for her support she was compelled to leave him & go to the home of
her mother for protection that the said Defendant is a person of indolent and
idle habits and would never work and take employment when he could get it.
That on two different occasions the Defendant gave the plaintiff a loathsome and
dangerous disease commonly called the pox by cohabiting with this
Plaintiff when he was thus diseased without informing this Plaintiff of his
putrid condition & this Plaintiff did not know from Defendant or any other
person of her disease until on well advanced state[?] of said disease -- that
the Defendant contracted said disease since their marriage by his associations
& corrde[?] intercourse with disohete[?] and obandoned[?] persons -- in view
of the premises she asks & demands of the court a divorce & a change of
name to her maiden name which was Mary Emma Wildrich & all other proper
relief.
K M Hord
Aty for Plf
~ ~ ~ ~ ~ ~ ~
Nebb
vs
Nebb
Answer &
Cross Bill
Filed Oct 9 1869
J G Wolf
CLK
| Mary E. Nebb . | }
|
| vs | } | Answer & Cross
|
| Jacob Nebb | } | Complaint |
Now comes the Deft and for answer says he specifically denies each and evy
material allegation in the plaintiffs complaint.
And for Corss complaint the Deft says that he admits that plaintiff and Deft
were united in Lawful wedlock at the time in place in the plaintiffs complaint
contained, and that often ? marriage the commenced housekeeping together as
husband and wife and so continued to reside for a short time when the Plaintiff
abanded[sic] his house and refused to live with the Deft -- that frequently
while she so lived with the plaintiff she visited houses of ill fame and had
sexual intercourse with persons unknown to the Deft and facts which came to his
knowledge but recently -- That subsequently to their marriage and at diverse
time the plaintiff has left his house and home upon the pretense of visiting her
friends, but in truth and fact for purposes of prostition[sic]. And the
Deft says that he has even treated the Plaintiff with the utmost affection and
kindness, but notwithstanding the pr? he says the plaintiff has a? been
unmindfull of his duty so demeaned herself as aforesaid and wi? course abandoned
him. Wherefore he demands a divorce from the Plaintiff and the custody of
their only child -- [blank] Nebb of the age of [blank]
Davis & Love Atty
~ ~ ~ ~ ~ ~ ~
Circuit Court
Nebb
vs
Nebb
Divorce &
Reply in 3 Part
K M Hord
Atty for Plf
| Nebb . | }
|
| vs | } | Divorce
|
| Nebb | } |
1
The Plaintiff denies each and every material allegation in defendants answer.
2
For second and further reply to defendants crossbill the plaintiff says that the
infant child mentioned in Defendants answer is not the child of the defendant
and that said infant child was born to the plaintiff a long time before her said
marriage with Defendant
3
For further reply Plf says that the Defendant is not the proper person to have
custody of said infant child mentioned in his answer on account of the
immorality -- indolence and general unfitness of said defendant --
K M Hord
Aty for Plf
__________
* The WPA Marriage Index lists Jacob Neeb and Emma Wildrich.
Transcribed by Phyllis Miller Fleming
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