Thomas Kelly
vs
Henrietta Kelly

Shelby  Circuit  Court
===============

Thomas Kelly

vs

Heneretta Kelly


No 28
~ ~ ~

Complaint for
Divorce

Box 59


Filed September 19th 1857
Alexander Miller   Ck

Green & Davis
        Attys for Pltff

~ ~ ~ ~ ~ ~ ~ ~ ~ ~
State of Indiana } In the Circuit Court
Shelby County   ss } October Term AD 1857

Thomas Kelly  plaintiff, complains of  Heneretta Kelly  and says that he and the defendant (whose maiden name was  Heneretta Appleton) were married at the County of Miami State of Indiana and that they lived together as husband and wife, until the     day of September 1857 and at divers times before that time, the defendant made divers attempts to kill the plaintiff and to take the plaintiffs life with a knife and otherwise -- that the defendant threatened poisioning[sic] the plaintiff -- and the Plaintiff further says that on or about the     day of September 1857 the defendant Abandoned the Plaintiff and has ever since refused to live with him although he the Plaintiff has at all times complied with his duty and obligations to her as her husband.  He further says the defendant at no time performed her duty as a wife should.  He says that they have no children and that he obtained no property with the said Heneretta, Defendant at her marriage, or at any other time.  He says there is no probability of their ever becoming reconciled and therefore prays the court to grant him a divorce from the said Heneretta
Thomas Kelly          
Green & Davis
Attys for Ptff.

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The State of Indiana, Shelby County, Sct,

THE  STATE  OF  INDIANA,  TO  THE  SHERIFF  OF  SAID  COUNTY,  GREETING:
          You are hereby commanded to summon  Smith Wingate

to personally appear before the Judge of Shelby Circuit Court,
on the Sixth day of the present Term of said Court, now in sefsion
at the Court House in Shelbyville, then and there to testify on behalf
of the plaintiff in a suit pending in said Court, wherein
Thomas Kelley   is Plaintiff, and
Heneretta Kelly   is Defendant; and this
he must not omit, at his peril.

WITNESS,  Alex Miller, Clerk of said Court,
at Shelbyville this 7th day of October, 1857
                /s/   Alexander Miller   Clerk


Served as commanded by reading October the 13th 1857
/s/   S. L. Vanpelt
        Sheriff SC
Sheriff fees 50c

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The State of Indiana, Shelby County, sct,

THE  STATE  OF  INDIANA,  TO  THE  SHERIFF  OF  Miami  COUNTY,  GREETING:
          You are hereby commanded to summon  Henrietta Kelly

to appear in the Circuit Court of Shelby county, before the Judge,
thereof on the second day of the next Term, to be held at the Court House
in Shelbyville, on the first Monday of October
1857, to answer the complaint of Thomas Kelley
for divorce

          And of this writ make due return.
WITNESS,  Alexander Miller, Clerk of said Court, and
and Seal thereof hereunto affixed, at Shelbyville, this
19th day of September, 1857.
                /s/   Alexander Miller   Clerk


Received and Served By Reading September 22nd 1857
Joseph Hiner
        Sheriff M. C.
Service 30
Mileage 10
Return 10
50


Transcribed by Phyllis Miller Fleming

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