Shelby County Indiana
Courthouse Records
Ada Curry
vs
Frank Curry
Complaint for Divorce
Courthouse Records
Ada Curry
vs
Frank Curry
Complaint for Divorce
Shelby Circuit Court
Filed June 18, 1907
Box 213 No. 8694
State of Indiana
Shelby County SS
Ada Curry plaintiff herein complains of the defendant Frank Curry, and says that on the 24” day of Nov. 1901 this plaintiff and the said defendant were duly married and lived together as husband and wife until the 2” day of June 1905, on which date they separated and have not lived or co-habited together since, and are not now living or co-habiting together as husband and wife, but that this plaintiff upon the order and command of the said defendant returned to her father’s home and has remained there ever since said time; that at said time this plaintiff was sick and unable to wait upon or care for herself, that the said defendant failed and refused to wait upon or care for her longer; that at the time the said defendant ordered and commanded her to leave him and his home and never return; that at the said time he so ordered her to leave he told her that he would never live with her again, that he would never care for or support her as his wife, that this treatment toward her was such that it was impossible for her to longer remain in his home, or with him, that ever since said time said defendant has wholly abandoned this plaintiff, and all without cause on the part of this plaintiff.
Plaintiff further says that for more than two years last past the said defendant has failed and refused to make any provision whatever for the support and maintenance of this plaintiff, although he was well able so to do.
Plaintiff further avers that of the fruits of their marriage there was born to plaintiff and defendant one child, now of the age of 4 years, and named Lloyd Russell Curry; that at the time of their said separation the said defendant refused to let her have the care or custody of the said child and that ever since said time said defendant has kept said child, and now has him in his possession and that although defendant promised this plaintiff that the child could come to her home to see her he has failed and refused to keep his said promise although requested so to do by plaintiff ; that the said child has been kept away from her so long that it is estranged from her, that the child has been well cared for and has a good home where it now is and this plaintiff asks that if the care and custody of the said child be not given to her that she be permitted to visit said child.
Wherefore plaintiff prays that the bonds of matrimony heretofore existing between plaintiff and defendant be dissolved and that the plaintiff be granted and absolute divorce from the said defendant and asks that her name be changed to Ada Crosby.
Ada Curry By Meiks & Hack Atty
Ada Curry VS Frank Curry
No.8694
Comes now the parties by their Attys and in person and the defendant Now files his answer in general denial which answer reads in the words & figures towit; And this cause now being at issue is now subject to the Court for trial finding & Judgment and the Courtt having heard the evidence and being fully advised in the premises finds the Marital allegation of the plaintiffs Cause are proven & true that the plaintiff is entitled to an absolute divorce from the defendant that the said Frank Curry is That as a result of said marriage there was born one child, Lloyd Russell Curry who was 4 years of age on June 30, 1907. That the deft Frank Curry is a fit and proper person to have the care and custody of said child. It is therefore ordered adjudged and decreed by the Court that the plaintiff Ada Curry be & she is here awarded absolutely from the defendant Frank Curry and the marital tie now & heretofore existing between said parties be and to same is hereby vacated annulled & set aside so fully & effectually as if said parties had never been married that the defendant Frank Curry shall have the care & custody of the said Lloyd Russell Curry until the final order of the Court and the plaintiff Ada Curry shall have the right to visit said child at his home as often as once in every two weeks And the Court further finds and not to exceed 5 hours at a time and said Ada Curry shall be allowed to have the said child to visit her at her home for not to exceed one week at a time in the month of April and not to exceed one week at a time in the month of August of each year. And that defendant recover his costs in this case.
Contributed by Barb Huff
