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County Seat - Antlers

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Pushmataha County
Divorce
Records
From the book of
CIVIL APPEARANCE DOCKET #1
November 8, 1921 to July 21,1927
Transcribed by: Teresa Young
No. 1557

Bell Dunlap

vs

John Dunlap

Filed January 25, 1924

J. C. Moyer, Court Clerk

By Lettye Splawn, Deputy

Belle Dunlap, Plaintiff

vs

John Dunlap, Defendant

PETITION

Comes now the plaintiff herein and for her cause of action against the defendant alleges and states:

That she is now, and has been for more than one year next preceding the filing of this petition, a resident in good faith of the state of Oklahoma, and is at the time of filing this petition a resident in good faith of Pushmataha County.

That on the 25th day of April 1914, this plaintiff and the defendant were legally married at DeQueen, Arkansas, and have ever since been husband and wife.

That since about the end of the first year of this marriage, the defendant began a line of abuse toward the plaintiff herein, calling her a G_ _ D_ _ _ liar, and threatening to whip her at various time, and would beat and kick the children of the plaintiff herein around in such manner as to cause her great mental anguish and pain, as would amount to extreme cruelty.

That defendant was a quarrelsome man, and so much so that he could not be pleased no matter how hard plaintiff tried to please him, and would continue his extreme cruelty until this plaintiff would have to leave him and stay away until he would get over his mad spell and then would persuade the plaintiff to come back to him.

That the defendant is also guilty of gross neglect of duty towards this plaintiff in that he failed and refused to provide the necessary clothing for the plaintiff herein, and she was compelled to supply herself with such wearing apparel as she would be in need of from her own efforts and her own funds.

That the plaintiff has always conducted herself in a manner becoming a wife to her husband, and is without fault in the premises, Wherefore she prays a judgment for divorce from her said husband, and whatever division of property as the court may adjudge as just and right.

Belle Dunlap, being duly sworn deposes and says: That she is the plaintiff in the within and foregoing petition for divorce, and that she has read the same and is familiar with the contents thereof, and that the matters and things therein set out are true.

Signed by Belle Dunlap.

Subscribed and sworn to before me this 25th day of January 1924.

____________________

No. 1557

SUMMONS

Belle Dunlap, Plaintiff

vs

John Dunlap, Defendant

Issued January 25th, 1924

Returnable February 4th, 1924

Ans. Due 24th of February 1924.

Filed January 27, 1924

J. C. Moyer, Court Clerk

Geo. R. Childers, Attorney for Plaintiff

You are hereby commanded to notified John Dunlap that he has been sued by Belle Dunlap in the District Court of Pushmataha County, Oklahoma and that he must answer the petition of said Plaintiff filed against him in said Court, in the City of Antlers in said County, on or before the 24th day of February 1924, or said petition will be taken as true and judgment rendered accordingly.

You will make return of this summons on or before the 4th day of February 1924. Given under my hand and the seal of said Court this 25th day of January 1924.

Signed by J. C. Moyer, Court Clerk

Lettye Splawn, Deputy

Received this writ January 27, 1924, and served the same upon the following persons, defendants within named, at the times following, to-wit: John Dunlap, January 28, 1924.

C. A. Hurd, Sheriff

C. W. Ellis, Under Sheriff

Ed Nabors, Deputy

____________________

No. 1557

State of Oklahoma, County of Pushmataha, Office of Court Clerk

Filed March 26, 1924

J. C. Moyer, Court Clerk

Journal 5, Page 166-167

Journal 4, Page 517

Belle Dunlap, Plaintiff

vs

John Dunlap, Defendant

DIVORCE DECREE

This cause coming on to be heard before the District Judge of the above named court, in and for said county and state, on the 25th day of March 1924, a regular court day of the November term of said court, upon the petition of the plaintiff herein, and the defendant having been duly served with summons in the cause, more than 20 days prior to this day and having been three times called in open court to appear, accept, demur plead or answer to the petition of plaintiff, came not but wholly made default, and the court having ordered that the allegations contained in said petition be taken as confessed, and having heard the oral testimony of witnesses, sworn and examined in open court, and being fully advised in the premises, and in consideration thereof, finds:

That the plaintiff herein had been a resident in goof faith of the state of Oklahoma for more that one year next preceding the filing of her petition, and was at the time of filing her petition, a resident in good faith of the state of Oklahoma. That on the 25th day of April 1914, this plaintiff and defendant were legally married, as in the petition set out, and had ever since lived as husband and wife up to November 1923 at which time they were finally separated, and have not lived together, or cohabited together as man and wife since that time.

That about one year after the marriage of this plaintiff and defendant said defendant began a line of abuse, which amounted to extreme cruelty and gross neglect of duty towards this plaintiff, as in plaintiff's petition set out, and the court further finds that this plaintiff is without fault in the premises, and that by reasons of the acts of the defendant herein and the faults of the defendant, the plaintiff is entitled to a decree of divorce as prayed for.

It is therefore ordered, adjudged and decreed by the court that the marriage relations heretofore existing between the said Belle Dunlap and John Dunlap, be, and the same is hereby dissolved, and both parties are released from the same.

It is the further order of this court that this decree does not become effective until six months from this date, March 25, 1924.

Signed by Geo. T. Arnett, District Judge

Pushmataha County Oklahoma
County Coordinator is Jeff Smith
Assistant Coordinator: Teresa Young
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