Shelby  County,  Indiana

Marium  Mae  Ensminger
vs
Albert  Ensminger


Filed December 21, 1906
        M.O. Sullivan Clerk


Disposed of December Term, 1906 
Fee Book 8 
Page 33


Complaint or Divorce and allowance in the sum of $60.00
Rec’d deposit of $4.00 M.O. Sullivan
David Smith Attorney for Plaintiff

            The Clerk will issue summons herein to the Sheriff of Shelby County, returnable January 2nd 1907, and requiring the deft [???] on or before that date.

David Smith Atty for Plff                                

Filed December 21, 1906             M. O. Sullivan Clerk Shelby Circuit court


            Marium Mae Ensminger  the plaintiff herein, complains of the above named defendant  Albert Ensminger  and says; That plff is now and for more than two years previous to the filing of this complaint has been a bona fide resident of Shelby county State of Indiana.
            That the plaintiff and defendant were married in the 16th day of October 1901, and continued to live together as husband and wife until the 24th day of February 1906, when they separated, and since said time they have not lived or cohabited together as husband and wife; that shortly after their said marriage defendant began to neglect plff and would leave their home on Saturday evening and go to the home of his parents, stay all night and until the next evening, leaving plff. to care for and feed and water their stock and do the necessary work in his absence.  These visits he would make once or twice each month, during the time plff and deft. lived in Shelby township, in said county aforesaid.  In the fall of 1904 defendant left his home and went away to Brown County hunting and stayed away for a week, and made no provision for having his work done, and this plff. Was compelled to care for their stock, consisting of cows, horses and hogs, and was compelled to go back and forth to her fathers home, a distance of about two miles, each day to stay over night.  Defendant was lazy and negligent, would often leave plff. Alone, would go from home leave his horses and cattle in the lot, leave his gate open and fences down, and allow the stock to range over the farm this compelling the plff, to run after them, often to save their growing and their matured crops, and to prevent said stock from tramping ground, when the same was in an unfit condition to be pastured on account of its wet condition.  That said defendant was an inverted reader of trashy dime novels, and would sit up almost every night until a late hour, usually about midnight, or one o’clock a.m., and read the same, and would not get out of morning until six or seven o’clock a.m.  That said defendant was during their entire married life an able bodied young man, capable of doing a large amount of work, and making money with which to support himself and plff.  And their child, but that at no time during their married life did he do so, that in consequence thereof this plff. Was compelled to keep up their table from the produce of their cows and chickens, and the surplus she used in buying herself and child clothing, and often had to call on her father and mother for aid in this matter.  That defendant was profane, abusive, and vulgar.  Would curse plff, would often call her a “damn son of a bitch, would call her a liar” and on the 20th day of February 1906 struck this plff with his fist, and knocked her against the side wall of the room, drew his knife, and threatened to kill her, and said  “I will kill you and the whole dam  Barnes  set.”  Would also curse and abuse her when her Mother would visit her after the birth of their child . That after the birth of said child, this plff was left weak, and in no condition to with stand the treatment she received at the hands of defendant, and finally when she could stand it no longer, she was compelled on the 24th day of February 1906, to abandon deft., and since said date, she has lived entirely separate and apart from him.  That one child, Thelma [?Virsset?] Ensminger, aged one year August 4th 1906, was born of this marriage, that defendant is not a fit person to have the care and custody of said child.  That plff. Now has a good home for herself and child, with her father, and can and will properly care for her.  Plaintiff says that she always during the time she so lived with deft. Deported herself in a manner becoming a wife and never at any time deserved the neglect nor abuse that she received at his hands.  Plff. Says she has employed  David Smith  an Atty. At this bar to bring and prosecute this action, and that his services are of the value of $35.00
            Wherefore plff. Prays Judgment divorcing her, and deft. And dissolving said marriage, and that plff. Be awarded the care and custody of said child, and that she have temporary alimony and Judgment for Attys. Fees and costs of this suit in the sum of sixty dollars, and all further proper relief.
David Smith     Atty. For Plff.            


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Shelby County
State of Indiana                                      Shelby Circuit Court
            December Term 1906

Marium Mae Ensminger         VS         Albert Ensminger
            Marium Mae Ensminger the plff. In the above entitled cause, being duly sworn says: that she resided in Moral township Shelby County Indiana continuously from the 4th day of January 1905, to the 24th day of February 1906; that ever since said mentioned date, and during the rest of her life before said first mentioned date and for more than 20 years, she was continuously a resident of Shelby township, said County and State aforesaid, and that her occupation is housekeeping. Marium Mae Ensminger
            Subscribed and sworn to before me this 20th day of December 1906.
Com. Ex. Feb 9th 1910
David Smith Notary Public

Summons


Marium Mae Ensminger     VS     Albert Ensminger
Summons Shelby Circuit Court
Returnable 2 day of Jan. 1907 
David Smith Attorney for Plaintiff

            Came to hand Dec 21 1906 Served by reading to and in the hearing of the within named Defendant this 22nd day of December 1906 and by delivering the said defendant a true copy of the original summons this 22 day of December 1906.
Thomas E. Newton     Sheriff            

Sheriff’s Fees
Mileage $ 2. 40
Service 40
Copy 25
Return 10
Docket 10
Ret. On Doc                     . 10
$ 3. 35

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State of Indiana, Shelby County, SS:
            The State Of Indiana, To The Sheriff Of Shelby County, Greeting:
You are hereby commanded to summon Albert Ensminger to appear in the Circuit Court of Shelby County, before the Judge thereof, on the 2” day of January 1907, the 9 Judicial day of its December Term, 1906, to be held at the Court House in Shelbyville, County of Shelby, and State of Indiana, then and there to answer the complaint of Marium Mae Ensminger for Divorce and Allowance Demand, $60.00 and of this writ make due return.

            Witness, the Clerk of said Court and the seal thereof hereunto affixed at Shelbyville, this 21 day of December 1906.
M. O. Sullivan Clerk S. C. C

.
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Defendant’s Answer to Complaint


Filed January 11, 1907 J. H. Deitzer Clerk Circuit Court, Shelbyville, Indiana
Wray & Campbell Attys for Deft.
State of Indiana                                       In The Circuit Court
Shelby County Dec. Term 1906

Marium Mae Ensminger     VS     Albert Ensminger             No. 8555
            Comes now the defendant Bert Ensminger and for answer to the plaintiffs complaint in the above entitled cause says, that he specifically denies each and every material allegation therein contained.
Wray & Campbell Attys for Deft.

Contributed by Barb Huff

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