Family history, Moreland

Family history, May

Entire legal proceedings relating to the divorce of Harry Hendrick May and Effa Ada Hunt, and succeeding alimony disputes (Audubon County General Index, No. 10249, Book 17; microfilm record “Col”, or “Co1”, “Image” 0632-0668; the complete record is 40 pages). To understand the key legal issues/find out the most about these people’s lives, it is most important to read pages 1, 2, 3, 4, 10, 11, 12, 16, 17-18, 22, 28-29 and 35. (Note: Anything that was handwritten as opposed to typed, or typed as opposed to printed on a form, should be italicized below.)

Page 1 of docket, marked 1-3:

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR AUDUBON COUNTY

EFFA MAY, ) No. ______.

Plaintiff, ) February Term, 1930.

vs. )

HAL MAY, sometimes known ) PETITION IN EQUITY

as HARRY MAY, ) [stamped “FILED FEB-6 1930

Defendant. ) H.M. Buthweg, CLERK *********** Dorothy Donaldson, DEPUTY]

Plaintiff for cause of action states:

Par. 1. That plaintiff is a resident of Audubon County, Iowa, and that the defendant is a resident of said county and state.

Par. 2. That plaintiff and defendant were married on or about the 17th day of July, 1902, at Exira, Iowa, and lived together as husband and wife until recently.

Par. 3. That the residence of said plaintiff in Audubon County, Iowa, as aforesaid, has been in good faith and not for the purpose of obtaining a divorce only.

Par. 4. That during all of the time that plaintiff and defendant so lived together as husband and wife this plaintiff has conducted herself towards her said husband as a dutiful and loving wife.

Par. 5. That there has been born to plaintiff and defendant as the fruits of said marriage six children, five of whim [whom] are [still] minors, as follows: Ollivene [Olivene] May, age 20, Luverne [LaVerne] May, age 17, Kathryn May, age 14, Robert May, age 12, and Franklin May, age 9.

Par. 6. That during the past two years or more the defendant has pursued a course of cruel and inhuman treatment against this plaintiff that was well calculated to undermine her health and drive her to distraction, and in

Page 2, “2-3”:

the following particulars, to wit:

a. That he has at divers [diverse] times cursed and swore at this plaintiff in the presence of her minor children and addressed her in vile and abusive language, such as would impute to her unchastity.

b. That the said defendant has told this plaintiff at divers times that he had no love or regard for her and that she should get out and earn her own clothes and living as the defendant is doing, notwithstanding the fact that the plaintiff has for years past furnished the home where defendant and family are now living near the town of Brayton, Iowa, and [that the defendant] has for years past not even paid the taxes nor the insurance on the home property nor on the personal property owned by him.

That all of such acts and conduct on the part of the defendant towards the plaintiff and her said children has greatly worried this plaintiff and have caused her nervousness and ill health, and she says that she cannot longer live with the said defendant on account of the acts and conduct related herein.

Par. 8. That defendant has in his own name four horses, some farming implements, wagon, three milch [milk] cows, four brood sows, household goods, and in addition thereto, plaintiff says that the defendant is an able-bodied man and is able to work.

WHEREFORE, plaintiff prays that she be divorced from the defendant and that the bonds of matrimony now existing between plaintiff and defendant be cancelled, set aside and held for naught. That she be awarded the care, custody and control of the five minor children named herein; that in addition thereto and out of the person property belonging to the defendant, she be given one horse named Dick and certain implements and all of the household goods and musical instruments, except such of the household goods as she, the plaintiff herein, may elect to give to the de-

Page 3, “3-3”:

fendant, and all poultry. And in addition thereto, the sum of Thirty Dollars ($30.00) per month cash alimony, and that an attachment without bond issue against all of the personal property owned by the defendant, and for costs of this action, including reasonable attorney fees and for general equitable relief.

[signed “Effa May”]

STATE OF IOWA )

) ss.

AUDUBON COUNTY)

I, Effie May, first being duly sworn, say that I am the plaintiff herein; that I have heard read my above and foregoing petition. That I am familiar with all of the facts contained therein and will say that the statements and allegations are true as I verily believe.

[again signed “Effa May” and stamped with seal saying “CHAS S. WHITE, NOTARY SEAL. IOWA”]

SUBSCRIBED and sworn to before me by the said this 3rd day of February, 1930.

[signed “Charles S. White”, “Notary Public.”]

Upon reading the above and foregoing petition it is ordered that attachment issue without bonds on the property of the defendant to the amount of $750.

Dated at Atlantic, Iowa, this 6th day of February, 1930.

[illegible signature, which is that of K.R. Cook, “Judge of the Fifteenth Judicial District of the State of Iowa.”]

Page 4, “1-1”:

IN THE DISTRICT COURT IN AND FOR AUDUBON COUNTY, STATE OF IOWA.

Effa May, ( No. 10249 Equity.

Plaintiff ) February Term A.D. 1930.

-vs- (

Hal May, ) ANSWER.

Defendant.

Comes now the defendant and for answer to the petition of plaintiff filed herein states:-

PAR. ONE. That he denies each and every material allegation contained in said petition.

WHEREFORE xxxxx [word crossed out] this defendant prays that plaintiff’s petition be dismissed and that he have judgment for costs.

[signed “J.A. Graham” with name typed underneath; “Attorney for Defendant”

[stamp saying “FILED FEB 25 1930; again signed “H.M. Buthweg, CLERK, BY Dorothy Donaldson, DEPUTY”

[note says: “Cop.fee $.50/JAG]

Page 5:

ORIGINAL NOTICE Audubon Printing Co. Print

Effa May,/Plaintiff/vs./Hal May, sometimes known as Harry May,/Defendant./IN THE DISTRICT COURT OF IOWA./In and for Audubon County/Februay [February] Term, 1930/

To Hal May:/You are hereby notified that there is now on file ... in the office of the Clerk of the District Court of Iowa, in and for Audubon County, a petition of plaintiff claiming an absolute divorce on the grounds of cruel and inhuman treatment and asking for care, custody and control of all minor children of plaintiff and defendant and for certain personal property and $30.00 per month cash alimony.

[stamp saying “FILED MAR 1-1930” and signed by H.M. Buthweg, CLERK, BY Dorothy Donaldson, DEPUTY”]

For full and complete particulars see petition when on file.

Now, unless you appear thereto and defend on or before noon on the second day of the next February term of said District Court to be held at Audubon, in said County and State, commencing on February 16th, 1930, default will be entered against you and judgement rendered thereon in according with the prayer of said petition.

[signed “Chas. S. White”, “Attorney for Plaintiff.”]

Page 6:

RETURN OF ORIGINAL NOTICE

STATE OF IOWA, Audubon County, ss.

The within notice came into my hands on the 6 th day of February, 1930, and I certify that I served the same on the defendants named below by reading the same to ________, or by offering to read the original to him, which he waived, and delivery to him a true copy of the same at the time and place set opposite his names [name].

Hal May 2 7 30 Exira Audubon Iowa.

Costs Paid by C.S. White attorney for Plaintiff

FEES

Service, $.50 F. Clemmensen,

Copies, $.20 Sheriff of Audubon County

Mileage,$2.80 By ____________________, Deputy

Total, $3.50

Page 7:

[handwritten list of defendant’s property; typed out two pages later]

Page 8, “2-2”:

(SHERIFFS RETURN OF NOTICE OF LEVY OF ATTACHMENT)

STATE OF IOWA.Audubon County.ss.

this Notice came into my hands on the 6 th day of February 1930. and I Certify that on the 7 th day of January [February?] 1930 I Served the same upon Hal May by Offering to Read the Original to him. Whitch [which] he Waived and by Delivering to him a True Copy of the Same.al Done in Exira Township/Audubon County.Iowa.

(Costs Paid by C S White Attorney for Plaintiff.)

FEES

Service $.50 [signed “F. Clemmensen”, “Sheriff

Copy $.20 of Audubon County Iowa.”]

Mileage ____

Total $.70

Page 9:

Writ of Attachment in Divorce, Without Bond

Effa May,/Plaintiff/vs./Hal May, sometimes known as Harry May,/Defendant/In the District Court of Iowa. in and for Audubon County No. 10249

STATE OF IOWA

Audubon COUNTY ss.

The State of Iowa, to the Sheriff of Audubon County, Greeting:

Whereas, The plaintiff in the above action has filed in the office of the undersigned, Clerk of the District Court in and for the County and State aforesaid, her petition for divorce against the above named defendant; and whereas, by endorsement made thereon by Hon. K.R. Cook/Judge of said Court, an attachment has been ordered in the amount of $750.00 without bond:

THEREFORE, in the name of the State of Iowa, you are commanded to attach the property (whether exempt from execution or not) of the said defendant, wherever the same may be found in your County, or so much as may be necessary to satisfy the above stated amount, together with interest and costs of suit, and safely preserve the same, to be dealt with according to law, and to summon such persons as garnishees as you may be required in the premises and according to law in such cases set forth, and make return of your doings in the premises to the District Court in and for Audubon County, Iowa, on the first day of the next term of said Court.

WITNESS my official signature, with the seal of said Court affixed at my office in said County, this 6th. day of February 1930. [signed “H.M. Buthweg”, with District Court Seal overlaying all]

[at bottom stamp says “FILED MAR 1 - 1930” and is signed again by “H.M. Buthweg”, CLERK, BY “Dorothy Donaldson, DEPUTY”]

Page 10:

STATE OF IOWA. Audubon County.ss.

This Writ came into my hands on the 6 th day of February I[1]930. and I certify that on the 7[?] th day of February I930 I Served the same by Attaching the Following Described Property. as the Property of Hal May. I Dark red milk Cow. I Red white face milk Cow,about 6 Years old.I Jersey Milk Cow about 3 years old.I Bay Mare named Queen9 years old.I White Horse named Dick about II years old.Bay Mare Colts about 2 years old.4 Hampshire Breed Sows weight about 200 Pounds Each.and about 60 head of Chickens Mixed.I Truck Wagon with Box.I 3 sec lever Harrow.I John Deere Corn Planter.I Grass Mower.I Hay Rake, I-14 Inch Walking Plow.I-16 Inch Walking Plow.I Hand Corn Sheller:I DeLaVal Cream Seperater.I Sweep Feed Grinder.I Set of Farm Work Harnis.about 6 Ten of Alfalfa Hay .I Ford Touring Car.I Bell City I20 Egg Incubator.I Old Trusty I50 Egg Incubator.I Bob Sled.I Hay Rack.I Old Spring Wagon.I Hog Oiler.I Atwater Kent 5 Tube Radio.I Baby Grand Piano.and all Household Goods such as Tables.Chairs.Dressers.Beds.Bed Clothing.and Kitchen Utencills, and Stoves, and about 25 Bushell of Potatoes.and al, Canned Fruit.and One Set of Pump Tools Consisting of Wrenches Dic.E.T.C.and about I0 Bushell of Seed Corn.all Located on the North-West Quarter of the south-East Quarter of Section Seventeen.Township Seventy-Eight.North Range Thirty-Five.west of the 5th.P.M.Audubon County Iowa. and now held same Subject to Order of District Court.

(Costs Paid by C S White Attorney for Plaintiff.)

[court seal]

FEES

Writ........$2.00

F. Clemmensen. Sheriff of Audubon County Iowa.

Page 11:

IN THE DISTRICT COURT IN AND FOR AUDUBON COUNTY, STATE OF IOWA.

EFFA MAY, ) No. 10249 Equity.

Plaintiff ( February Term A.D. 1930.

-vs- ) DEFENDANT’S FIRST AMENDMENT

HARRY MAY, ( AND SUBSTITUTED ANSWER

Defendant. )

Comes now the defendant in the within and foregoing entitled action and for his first amendmentxxxx and substituted answer therein states:-

PAR.ONE. That he denies each and every material allegation contained in plaintiff’s petition except as may be hereinafter specifically admitted, modified or explained.

PAR. TWO. Defendant admits that plaintiff and defendant are husband and wife but alleges that they were married on the 17th day of July, 1901 instead of July 17, 1902 as stated in plaintiff’s petition.

PAR. THREE. Defendant admits Paragraph One [facts about place of residence] and paragraph Five [facts about children] of said petition.

WHEREFORE defendant prays that plaintiff’s petition be dismissed and that he have judgment for costs.

J. A. Graham

Atty, for Defendant.

STATE OF IOWA, Audubon County:SS

I, Harry May being first duly sworn upon oath depose and say; that I am the defendant named in and making the foregoing amended and substituted answer; that I have read the same and that the statements and allegations therein contained are true as I verily believe.

Harry May

Subscribed and sworn to before me by Harry May at Audubon, Iowa, this 1st day of March A.D. 1930.

Elaine Graham Notary Public

[stamped “FILED MAR-4 1930”]

H.M. Buthweg, CLERK,

BY Dorothy Donaldson, DEPUTY

1-1

Page 12:

IN THE DISTRICT COURT IN AND FOR AUDUBON COUNTY, STATE OF IOWA.

EFFA MAY, )

Plaintiff ( APPLICATION FOR ORDER FOR

-vs- ) HEARING ON TEMPORARY ALIMONY

HARRY MAY, ( AND ATTORNEY FEE.

Defendant. )

**********************

Comes now the plaintiff, Effa May, and makes and files herein her application to have the question of temporary alimony in the above entitled cause of action set down for hearing and for notice on defendant for such hearing, and as grounds therefor, states:

Par. 1. That said plaintiff and her family are in destitute circumstances and defendant has ceased to contribute towards their support.

Par. 2. That the next term of this court convenes April 29th, 1930, and it will be impossible for plaintiff to go without support until that date.

Par. 3. That her attorney, Chas. S. White, has had no compensation for services rendered to date and she asks that some temporary compensation be allowed to him on his attorney fees.

WHEREFORE, for the reasons set out herein, this plaintiff asks that the court set the question of temporary alimony down for hearing at the earliest possible time, and that the court prescribe a notice of the hearing on such matter to be given the defendant, Hal May.

Chas. S. White

Attorney for Plaintiff.

[stamped FILED APR-2 1930

H.M. Buthweg, CLERK

BY Dorothy Donaldson, DEPUTY

1-1

Page 13:

IN THE DISTRICT COURT IN AND FOR AUDUBON COUNTY, STATE OF IOWA.

EFFA MAY, )

Plaintiff ( ORDER FOR HEARING ON TEMPORARY

-vs- ) ALIMONY AND ATTORNEY FEES.

HARRY MAY, (

Defendant. )

**********************

Now on this 29 day of March 1930, there is presented the application of plaintiff in the above entitled case in which plaintiff asks that the court set the question of temporary alimony and attorney fee embraced in said cause of action down for hearing at the earliest possible date; that the court prescribe a notice of such hearing to be given to the defendant, Hal May.

Said application is submitted and sustained and it is ordered that said matter of temporary alimony and attorney fee be, and the same is hereby set down for hearing for Saturday, April 5th, 1930, at the hour of 10 A. M. on said date before the above named District Court at the Court House in the City of Audubon, Iowa, upon proof of three days notice by registered mail to the defendant herein directed to his last known Postoffice address.

H.J. Mantz

Judge of the Fifteenth Judicial District of the State of Iowa.

17-105

[stamped “FILED APR-2 1930”]

H.M. Buthweg CLERK

BY Dorothy Donaldson DEPUTY

1-1

Page 14:

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR AUDUBON COUNTY

EFFA MAY, )

Plaintiff, )

) NOTICE OF HEARING ON APPLICATION

vs ) FOR TEMPORARY ALIMONY AND

) ATTORNEY FEE.

HAL MAY, )

)

Defendant, )

To Hal May, Defendant:

You as defendant in the above entitled cause of action, are hereby notified that the above named District Court has set down for hearing the question of temporary alimony and attorney fee for Saturday, April 5th, 1930, at the hour of 10 A. M. on said date. Said hearing to be before the above named District Court at the Court House in the City of Audubon, Iowa, and that unless you appear and defend at said time and place an order will be granted allowing temporary alimony to the plaintiff and temporary attorney fee to her attorney, Chas. S. White.

Take notice and govern yourself accordingly.

Chas. S. White, Attorney for Plaintiff.

[embossed with Iowa court seal and stamped “FILED APR- 8 1930”; H.M. Buthweg, “CLERK”]

1-2

Page 15:

STATE OF IOWA )

) ss.

AUDUBON COUNTY )

I, Chas. S. White, first being duly sworn, say that I am the attorney for the plaintiff, Effa May, herein, and that I did, on the 31st day of March, 1930, send by registered mail to Hal May, defendant herein, a notice of which the within is a true copy, and that the same was done in accordance with a former order of court entered in the within entitled matter.

Chas. S. White

SUBSCRIBED and sworn to before me by the said Chas. S. White, this 3 day of April, 1930.

L.C. Bagley Notary Public.

[affixed with Iowa notary public seal]

2-2

Page 16:

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR AUDUBON COUNTY

EFFA MAY, )

Plaintiff, )

vs ) STIPULATION OF SETTLEMENT.

HAL MAY, sometimes known )

as Harry May, )

Defendant. )

**************************

THIS AGREEMENT made and entered into this 3rd day of May, 1930, by and between Effa May, plaintiff, and Hal May, defendant, states that in the event that a divorce is awarded in the above entitled cause of action that the following may be considered by the court as a division of their property rights, to wit:

(1) The defendant is to be awarded one Jersey cow, two sows, one of which is in the pen not farrowed, and the other sow being one of two outside, but plaintiff is to have her choice of such two outside of the pen; also defendant is to have all of the horses except the pony; defendant is also to have all farming implements including his own individual tools, but this is not to include such articles as pitch fork and garden tools, and is also to have the old automobile. Also Hal [?] is to have the following household goods: 1 bed and bedding, 1 table when plaintiff procures another for her own use, 1 heating stove which is now in the residence. Defendant is also to have one half of the hay now on the premises and give bushels of potatoes. Defendant is also to be awarded all pictures or heirlooms which he obtained through or from his ancestors.

(2) Plaintiff is to be awarded all other personal property now on the premises belonging to plaintiff or defendant except any personal belongings of the defendant such as clothing.

Witness our hands the day and year first above written.

Chas S. White Attorney for Plaintiff.

J.A. Graham Attorney for Defendant.

[stamped “FILED MAY - 5 1930” H.M. Buthweg “CLERK”, “BY” Dorothy Donaldson, “DEPUTY”]

Page 17:

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR AUDUBON COUNTY

EFFA MAY, )

Plaintiff, )

vs ) DECREE.

HAL MAY, sometimes known )

as Harry May, )

Defendant. )

[stamped “FILED MAY - 5 1930” H.M. Buthweg “CLERK” “BY” Dorothy Donaldson, “DEPUTY”]

*****************************************************

Now on this [looks like typed “3rd” with “1st” written over it] day of May, 1930, this matter is called for hearing and decree, the plaintiff appearing by Chas. S. White her attorney, and the defendant, Hal May, appearing in person and by his attorney, J. A. Graham.

The trial is proceeded with, the evidence is adduced and trial concluded, and the court finds that the equities are with the plaintiff and that she is entitled to the relief prayed for in her petition.

Said plaintiff is awarded the care, custody and control of the minor children, Ollivene [Olivene] May, Age 20, Luverne [LaVerne] May, age 17, Kathryn May, age 14, Robert May, age 12, and Franklin May, age 9. Said plaintiff is awarded the sum of $20.00 per month [had requested $30] towards the care and support of said plaintiff and her minor children, Kathryn, Robert and Franklin May. Said sums are to be paid by the defendant to the Clerk of the District Court at 5.00 per weekly for a period of eight weeks, and thereafter said defendant may pay said sum monthly at the rate of $20.00 per month. If the plaintiff so elects, defendant may pay said weekly or monthly alimony direct to the plaintiff herself. The minor child, Luverne, age 17, if he works out is to contribute something from his wages towards the support of the plaintiff and the three minor children, Kathryn, Robert and Franklin, and the court retains jurisdiction of the case for the purpose of carrying out the contribution of the said minor child towards the support of his mother and his younger brothers and sister and for ~~the~~ general alimony ~~and for all matters of general alimony~~. Said plaintiff is

1-2

Page 18:

not to remove said minor children permanently out of the state without the consent of the above named District Court.

Defendant is awarded the right to visit said children so awarded to plaintiff at all reasonable times; and within reasonable limits the minor child, Luverne, may visit the defendant.

And it appearing to the court that plaintiff and defendant have entered into a stipulation as to their property rights, the same is accepted and approved for a settlement as to all interest which each may have in the other’s property or in their joint properties.

It is therefore ordered, adjudged and decreed that plaintiff be, and she is hereby awarded a decree of divorce from the defendant, and that the bonds of matrimony now existing between plaintiff and defendant be cancelled, set aside and held for naught, and said plaintiff is hereby awarded the care, custody and control of the said minor children, Ollivene, Luverne, Kathryn, Robert and Franklin May, and decrees alimony in accordance with the provisions set forth in this decree, and it is ordered that plaintiff pay the costs of the action taxed at $18.20.

H.J. Mantz.

Judge of the Fifteenth judicial District of the State of Iowa.

17-112 [case number?]

Page 19:

[small document labeled, “DISTRICT COURT SUBPEONA”]

STATE OF IOWA) THE STATE OF IOWA.

Audubon County, ) ss.

To Mr and Mrs. Harry Phippen, George Hunt [handwritten above Exira 37F12] and P.M. Christensen, [handwritten Exira 19 or (or n) 95 followed by M.O. Smith Exira]

YOU ARE HEREBY COMMANDED to be and appear before the District Court of the County of Audubon, to be held at the Court House in the City of Audubon said County, at 9:30 o’clock A. M., on the 3rd day of May, A. D. 1930 to testify in a cause now pending and to be tried, wherein Effa May is Plaintiff, and Harry May is Defendant, on the part of the plaintiff

HEREOF FAIL NOT AT YOUR PERIL.

WITNESS, H.M. Buthweg, Clerk of the District Court in and for said Audubon, County, and the seal of said Court hereunto affixed at his office in the City of Audubon, in said County, on this 2nd day of May, A. D. 1930.

[stamped “FILED MAY - 7 1930 H.M. Buthweg CLERK BY blank line DEPUTY”]

H.M. Buthweg, Clerk. By Dorothy Donaldson Deputy.

(all calls completed)

[handwritten note in different script: 1-2]

Page 20:

STATE OF IOWA ) This subpeona came into my hands May 2nd

Audubon County, ) ss. 1930, and I certify that I personally served the same as follows:

On Mrs. Harry Phippin ) By reading the same to him in this ) On May 2nd, 1930

On Harry Phippin ) County and delivering him a copy. ) “ “ “ , 1930

On George Hunt ) “ “ “ “ “ “ , 1930

On P M Christensen ) “ “ “ “ “ “ , 1930

On M O Smith ) “ “ “ “ “ “ , 1930

FEES

Service $1.50

Mileage [blank]

Copies $1.00

Total $2.50

F. Clemmensen Sheriff.

C.F. Boers C F Boers Deputy.]

2-2

Page 21:

500

INFORMATION IN DIVORCE CASES. For Clerk of the District Court.

“Effa May” ) Chas. S. White/Attorney for Plaintiff.

vs. ) EQUITY

“Hal May” ) J. A. Graham/Attorney for Defendant.

No. of Case 10249

HUSBAND WIFE

Full name Hal May Color white

Color White Full Name Effa May

Age ¾ Age ¾

Nationality American Nationality American

Number of prior marriages none Number of prior marriages none

Date of marriage July 17-1901.

Cause of Divorce cruel and inhuman treatment

Date of Divorce May 5-1930.

To whom Divorce granted plaintiff.

[stamped “FILED MAY-7 1930 H.M. Buthweg CLERK BY Dorothy Donaldson DEPUTY]

Chas S. White/Attorney for Plff

1-1

Page 22:

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR AUDUBON COUNTY

EFFA MAY, )

Plaintiff, )

vs ) APPLICATION FOR ORDER TO SHOW CAUSE.

HAL MAY, )

Defendant. )

****************************************

Comes now Effa May, plaintiff in the above entitled cause of action, and state that on or about the 3rd day of May, 1930, she was awarded a decree of divorce in the above entitled cause of action from the defendant and that said decree provided among other things, that the defendant, Hal May, should pay the sum of $20.00 per month towards the care and support of said plaintiff and her minor children and that said sums may be paid for the first eight weeks at the election of plaintiff at the rate of $5.000 per week, and that plaintiff had elected to receive said sums at the rate of $5.00 per week during said period of time.

This plaintiff further states that the said defendant has neglected and refused to pay said sums for a period of four weeks and in addition thereto, that he is back some on payments due prior to said time.

Plaintiff further states that she and her minor children are in destitute circumstances and are dependent upon said contributions to procure the necessaries of life for herself and the minor children named in the degree.

Plaintiff further states that said defendant has the funds with which to meet said support payments and that he is attempting to evade the same and refuses payment and has so declared to other parties.

WHEREFORE this applicant asks that a citation be issued to the defendant commanding him to forthwith appear before the above named District Court and to show cause why said payments have not been made and why he should not be punished for contempt.

Chas S. White

Attorney for Plaintiff.

[stamped “FILED JUL 7-1930 H.M. Buthweg CLERK”]

1-1

Page 23:

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR AUDUBON COUNTY

EFFA MAY, )

Plaintiff, )

vs ) ORDER FOR APPEARANCE OF

HAL MAY, ) DEFENDANT AND TO SHOW CAUSE.

Defendant. )

******************

Now on this 3rd day of July, 1930, there is presented the application of the plaintiff, Effa May, in which she states that the defendant, Hal May, is delinquent in the payment of alimony awarded to plaintiff in the above entitled cause of action and that said defendant wilfully [willfully] neglects the payment of the sum so awarded and refuses to pay the same without just cause.

Said application is submitted and it is ordered that the Sheriff of Audubon County, Iowa, forthwith summons the said defendant, Hal May, before this court and to see that he makes personal appearance to show cause why he had not met the payments formerly awarded by this court in the above entitled cause of action, and why he, the said defendant, should not be punished for contempt for neglecting to pay said sums.

H.J. Mantz

Judge of the Fifteenth Judicial District of the State of Iowa.

17-128

[stamped “FILED JUL 7 - 1930

H.M. Buthweg CLERK”]

1-1

Page 24:

[three identical small forms, each titled “DISTRICT COURT SUBPOENA¾COPY”

followed with

STATE OF IOWA

Audubon, County. ss.

summoning Wm. [William] Pardee, Laverne [LaVerne] May and Lee Henshaw to court. Each also has handwritten in upper right-hand corner, Brayton.]

You are hereby commanded that, laying aside all business and excuses, you be and appear before the District Court of the State of Iowa, in and for Audubon County, at the Court House in Audubon on the 9 day of July 1930, at 10 o’clock A.M., of said day then and there to testify your knowledge in a certain action pending in said court, where in State of Iowa Ex Rel, Effa May is plaintiff, and [blank line] is defendant on behalf of said Hal May.

In witness whereof I have hereunto set my hand and affixed the seal of said Court this [blank line] day of [blank line] A.D., 19 [blank line]

[seal] H.M. BUTHWEG, Clerk.

[blank line] Deputy.

1-1

Page 25:

[repeats the same basic information on page 26, except apparently is the original “DISTRICT COURT SUBPEONA” as it states. This version does not have LaVerne’s first name at all, just a blank followed by “May,” then The Boy]

also adds that they are to testify on the part of the plaintiff and adds standard admonition: “HEREOF FAIL NOT AT YOUR PERIL.”]

[stamped “FILED JULY 14 1930 H.M. Buthweg Clerk. By Dorothy Donaldson Deputy.]

1-2

Page 26:

[part two of page 25’s “subpeona.” Basically notifies the court that the Sheriff has delivered this court order to the above mentioned parties.]

STATE OF IOWA ) ss. This subpeona came into my hands July 9 th

Audubon County, ) 1930, and I certify that I personally served the same

as follows:

On Wm Pardee ) By reading the same to him in this County and delivering him a copy.) 7-9-30

On Lee Henshaw ) “ “ “ 7-9-30

On May the Son ) “ “ “ 7-9-30

F. Clemmensen

F. Clemmensen.

Sheriff.

blank line

Deputy.

FEES

Service [blank line]

Mileage [blank line]

Copies $.60

Total: $.60

2-2

Page 27:

IN THE DISTRICT COURT OF THE STATE OF IOWA

IN AND FOR AUDUBON COUNTY

EFFA MAY, :

PLAINTIFF, :

vs : ORDER FOR APPEARANCE OF

HAL MAY, : DEFENDANT AND TO SHOW CAUSE.

DEFENDANT. :

Now on this 3rd. day of July, 1930, there is present the application of the plaintiff, Effa May, in which she states that the defendant, Hal May, is delinquent in the payment of alimony awarded to plaintiff in the above entitled cause of action and that said defendant wilfully [willfully] neglects the payment of the sum so awarded and refuses to pay the same without just cause.

Said application is submitted and it is ordered that the Sheriff of Audubon County, Iowa, forthwith summons the said defendant, Hal May, before this court and to see that he makes personal appearance to show cause why he had not met the payments formerly awarded by this court in the above entitled cause of action, and why he, the said defendnat [defendant], should not be punished for contempt for neglecting to pay said sums.

H.J. Mantz,

Judge of the Fifteenth Judicial

District of the State of Iowa.

State of Iowa,

Audubon County, SS

I, H. M. Buthweg, Clerk of the District Court, for the State of Iowa, in and for Audubon County, do hereby certify that the above copy of Order of Court in the case of Effa May vs Hal May is a true and correct copy of same as it appears of record in my office.

IN WITNESS WHEREOF, I have hereunto affixed the Seal of said Court and my signature this [?]th day of July, A. D. 1930.

[seal and signature underscored by “Clerk of the District Court.”]

[stamped “FILED JUL 14 1930 By H.M. Buthweg CLERK BY Dorothy Donaldson DEPUTY]

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Page 28:

IN THE DISTRICT COURT IN AND FOR AUDUBON COUNTY STATE OF IOWA.

EFFA MAY, ( No. 10249.

Plaintiff ( June Term A.D. 1930.

-vs- (

APPLICATION TO MODIFY DECREE.

HAL MAY,

Defendant

[stamped “FILED AUG 14 1930 H.M. Buthweg CLERK BY Dorothy Donaldson DEPUTY]

Comes now the defendant in the within and foregoing entitled action and for his petition to modify the decree heretofore filed at the February Term, 1930 of said court, and filed therein on the _____ day of _________, 1930 and states:-

PAR.ONE. That the undersigned since the rendition of said decree has made earnest efforts to secure labor and had secured work with one William Pardee up to the 10 day of July, 1930 but that owing to the fact that said Pardee had been supboenaed [subpoenaed] by plaintiff in the hearing in said action he terminated the employment of defendant and this defendant has been unable to secure regular employment since said time and that he has been only able to secure casual employment for a period of ten days since said 10th day of July, 1930. That this defendant has no occupation except that of a common laborer and at no time has been able to earn exceeding $2.00 per day.

PAR.TWO. That this defendant has no property of any kind except one horse and one cow which are not to exceed in value $60.00 for all, and this defendant is obliged to rent a house to live in.

PAR.THREE. That this defendant has made diligent efforts to secure employment but has been unable to do so owing to the fact that help is plentiful and those who employ labor are scarce.

PAR.FOUR. Owing to the above conditions this affiant states that he is unable to comply at this time with the provisions of said decree and the orders of said court with reference to the cash payments provided to be paid to plaintiff in said decree.

PAR.FIVE. That plaintiff in the settlement in the divorce proceedings received practically all of the property belonging to the family; that she has a residence property of 15 acres of land with buildings upon which she resides and as this defendant is informed and believes has an interest in the estate of her father in California amounting to

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Page 29:

the sum of more than $10,000.00.

WHEREFORE this defendant prays that the decree of court hereinbefore entered be modified so that the cash payments provided for therein be suspended until such time as this defendant may secure employment, and is able to secure the funds with which to make said payments, and for such other and further relief as the court may deem just and equitable in the premises.

Graham & Graham

Attys. for Defendants.

STATE OF IOWA (

(

( SS

Audubon County (

I, Hal May being first duly sworn upon oath depose and say; that I am the defendant named in and making the foregoing entitled application; that I have heard the same read and that the statements and allegations therein contained are true as I verily believe.

Hal May

Subscribed and sworn to before me by Hal May at Audubon, Iowathis 14th day of August, 1930.

J.A. Graham

Notary Public for

Audubon County, Iowa.

[embossed with seal]

Page 30:

IN THE DISTRICT COURT IN AND FOR AUDUBON COUNTY STATE OF IOWA.

EFFA MAY, ( 10249

Plaintiff (

-vs- ( ORDER

HAL MAY, (

Defendant (

**********************

Now on this 28 day of August, 1930, the attention of the court having been called to the fact that the defendnat [defendant] Hal May has paid nothing into court on his delinquent alimony that was to be all met by a previous order of the court on or before the 15th day of August, 1930, and the court is further advised and the records so show, that the defendant, Hal May, has paid nothing upon the current alimony due and to become due at the time of the entering of the order heretofore referred to. And it further appearing to the court upon examination of the pleadings recently filed by the defendant herein, that the said defendant, Hal May, is the owner of one cow and one horse, and it is ordered by the court that execution issue against the defendant for alimony past due and unpaid and that levy be made upon said cow and horse and that the same be forthwith sold according to law to satisfy as far as may be, the past due and unpaid alimony herein [not sure of word due to printing blotch], and that execution issue at this or any future time against any other property or property rights owned by the defendant, Hal May, for the purpose of satisfying alimony past due and unpaid belonging to the plaintiff and awarded to her under her decree of divorce herein.

17-133

[stamped “FILED AUG 31 1930

H.M. Buthweg CLERK]

H.J. Mantz

Judge of the Fifteenth Judicial District of the State of Iowa

Page 31:

[half-page form]

THE STATE OF IOWA, To the Sheriff of Audubon County. Greeting:

WHEREAS on the 5 day of May 1930, by the judgment of the District Court of the State of Iowa, in and for Audubon County, held at the Court House in Audubon, in your County Effa May rendered against Hal May or Harry May the sum of Twenty Dollars a month from May 5-1930, ~~Dollars~~ debt, and the sum of Twenty 30/100 Dollars costs, in an action then pending in said Court wherein the said Effa May Plaintiff, and the said Hal May, Defendant, and the records of said Court showing that there is still due on said judgment Sixty four 50/100 dollars, with agreement from the [check mark] day of [check mark], 19[blank], and costs.

YOU are therefore hereby commanded to cause to be made of the goods and chattels, lands and tenements of the said Hal May, Defendant, in your County, subject to execution, the said sum of Sixty four 50/100 Dollars, with[written above with mark toward “with” the word “out”] interest ~~thereon from the [blank line] day of [blank line], 19[blank line], at the rate of [blank line] per cent per annum, and the sum of [blank line] Dollars, attorney fees,~~ and the further sum of Twenty 30/100 Dollars costs, together with 50/100 Dollars costs of increase, and all legal costs that may accrue by virtue of this writ. And have said moneys in our said Court in seventy days from the date hereof, to render to the parties legally entitled to the same, and have you then and there this writ with your doings thereon.

WITNESS my hand and the seal of said Court hereto affixed at Audubon, this 28 day of Aug., 1930, H.M. Buthweg, Clerk District Court By [blank line], Deputy.

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Page 32:

[half page form]

1-57

DISTRICT COURT

GENERAL EXECUTION

Case No. 10249

Effa May

VERSUS

Hal May

Issued [blank line], 19 [blank line]

Date of Judgment [blank line], 19 [blank line]

Contained Docket [blank line]

Damages $64.50

Interest [blank line] per cent

Date [?] [blank line], 19 [blank line]

Att’y Fees [blank line]

Costs [blank line]

Costs of Increase $20.30

Clerk [blank line] Co. $.50

Delivering [?] Return [blank line]

Sheriff [blank line]

Total [blank line]

The Sheriff’s receipt will be good for [blank line] Dollars costs advanced.

Notice filed to sell land subject to redemption.

Received the within execution on the 25th day of August, A.D. 1930 at 2-40 o’clock in the p noon.

F Clemmensen, Sheriff.

STATE OF IOWA Audubon County.ss.

I hereby Certify that I served this Execution on the 29 th day of August 1930. By Leveing upon.the Following Described Property.as the Property of Hal May. One Cow Part Jersey Co[“m” crossed out with an “x”]ming 4 Years Old.and One Brown Mare Blind I0 Years Old.and did Advertise the same for Sale. Sale to be held on the 20th day of September I930. and on the 29 th day of August I930 I was Served with Notice of Ownership by LaVerne May claiming that he is the Owner of the above Mentioned Property. and now By Order of Plaintiffs Attorney I hereby Return this Execution.

FEES (Costs Paid by C S White Attorney for Plaintiff)

Execution .......$2.00

F. Clemmensen

F Clemmensen ...Sheriff

of Audubon County Iowa.

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Page 33:

NOTICE OF LEVY OF EXECUTION

STATE OF IOWA }SS. Notice to Defendant

AUDUBON COUNTY, } [typewritten words crossed out] Effa May

Plaintiff.

Against

Hal May.or Harry May

Defendant.

TO Hal May or Harry May

You are hereby notified, that by virtue of General Execution, issued by the Clerk of the District Court of Audubon County, Iowa, in the above entitled cause, to me directed, I have levied upon and executed as your property, the following described Personal Property towit:

One Cow Part Jersey Milk Cow Comming 4 years old

and One ~~Horse~~ Brown Mare Blind 10 years old.

I have advertised the same to be sold on the 20 th day of September, A. D. 1930, at 2 o’clock P.M., at front door of Court House in [blank line] County, Iowa.

WITNESS my official signature, this 25th day of August, A. D. 1930.

F. Clemmensen

F. Clemmensen

Sheriff of Audubon County, Iowa.

[blank line]

Deputy Sheriff.

[stamped “FILED SEP 15 1930 H.M. Buthweg CLERK BY Dorothy Donaldson DEPUTY

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Page 34:

1-57

STATE OF IOWA, Audubon County, ss.

Received the within notice this 28 day of August, A. D., 1930, and on the 29 day of August 1930, I personally served the same on the within named Hal May or Harry May by reading the original to him by offering to read the original to [blank], ~~which~~ [blank] ~~waived~~ and delivered to him a true copy thereof. All done in Audubon County, Iowa.

( Costs Paid by C S White Attorney ) F. Clemmensen

( for Plaintiff. Sheriff of Audubon County, Iowa.

By [blank], Deputy.

Received the within notice [blank] day of [blank] 19 [blank], and on the [blank] day of [blank] 19 [blank], I served the same on the within named [blank] by leaving a copy at the house of [blank] in [blank] Township, [blank] County, Iowa, the same being his usual place of residence, with [blank] a member of his family over fourteen years of age, said [blank] not found in [blank] County, Iowa, after diligent search.

[blank line]

Sheriff of Audubon County, Iowa.

By [blank], Deputy

Notice of Levy of Execution

No. [blank]

Audubon County, Iowa, District Court

[two blank lines]

VS.

[two blank lines]

SHERIFF’S FEES

Service $.50

Mileage $3.00

[blank]Cop[blank] $.20

Total $3.70

Page 35:

TO Fred Clemmensen, Sheriff of Audubon County, Iowa:

You are hereby notified that the undersigned is the owner of the

following described cattle unlawfully levied on by you and detained by you by virtue of a levy under a writ of general execution issued from the office of the clerk of the district court in and for Audubon County, Iowa,in an action therein pending in which Effie May is Plaintiff and Hal May is defendant towit;

one cow, part jersey; milk cow coming four years old;

that the undersigned is the absolute and unqualified owner thereof and obtained such ownership by purchase from Hal May or Harry May on or about the 28th day of August,1929,and paying therefore the sum of $40.00,which amount has been fully paid in cash and the possession of said cow at said time was delivered to mer

The undersigned demands that you immediately release said property levied upon from said levy under execution and that in the event you fail to immediately so to do,I will hold you for all damages resulting therefrom of allwhich you will take due notice.

La Verne May

State of Iowa,Audubon County,SS:

I LaVerne May, being first duly sworn do upon oath depose and say that I am the person named in and making the foregoing notice of ownership and to release and that I Have read the same and that the statements and allegations therein contained are true as I Verily believe.

La Verne May

Subscribed and sworn to before me by LaVerne May at Audubon,Iowa this 29th day of August,1930.

J.A. Graham

Notary Public inand for Audubon

County, Iowa

[notary public seal]

[stamped “FILED SEP 15 1930 H.M. Buthweg CLERK BY Dorothy Donaldson DEPUTY”]

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Page 36 (virtually the same as page 30):

Effa May, Plaintiff, :

vs : #10249. ORDER TO ISSUE EXECUTION.

Hal May, sometimes known :

as Harry May, Defendant :

Now on this 28th day of August, 1930, the attention of the court having been called to the fact that the defendant Hal May has paid noting [nothing] in to court on his delinquent alimony that was to be all met by a previous order of the court on or before the 15th. day of August, 1930, and the court is further advised and the records so show, that the defendant, Hal May, has paid nothing upon the current alimony due and to become due at the time of the entering of the order heretofore referred to. And it further appearing to the court upon examination of the pleadings recently filed by the defendant herein, that the said defendant, Hal May, is the owner of one cow and one horse, and it is ordered by the court that execution issue against the defendant for alimony past due and unpaid and that levy be made upon said cow and horse and that the same be forth with sold according to law to satisfy as far as may be, the past due and unpaid alimony herein, and that execution issue at this or any future time against any other property or property rights owned by the defendant, Hal May, for the purpose of satisfying alimony past due and unpaid belonging to the plaintiff and awarded to her under her decree of divorce herein.

H.J. Mantz,

Judge of the Fifteenth Judicial

District of the State of Iowa.

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Page 37:

[form]

SEARCH WARRANT.¾FELONY.

In the District Court of Iowa, in and for Audubon County,

THE STATE OF IOWA, Audubon COUNTY, ss.

To any Peace Officer in the State:[italicized on form]

An order [word on form “x”d out] having been made [word on form “x”d out] in the District Court of said County, on the 13th day of Sept. A. D. 1930, charging Hal May

[words “x”d out] with violating a certain order of court heretofore entered in the above named District Court on July 9th, 1930

you are therefore commanded to arrest the said

Hal May

and bring him before said Court, to answer said order [word on form “x”d out], if the said Court be then in session in said County, or, if not then in session in said County, that you deliver him into the custody of the Sheriff of said County.

Given under my hand and the seal of said Court, at my office in

Audubon in the County aforesaid, this 13th

day of September A. D. 1930.

By order of the Judge of the court.

H.M. Buthweg [signed] Clerk.

By: Dorothy Donaldson, [signed]

Deputy.

OFFICER’S RETURN.

The above Writ came into my hands on the 13th day of September 19 30,

and I personally executed the same by arresting the said Hal May

and now have him in Court.

[stamped “FILED SEP 15 1930 H.M. Buthweg CLERK BY Dorothy Donaldson DEPUTY”]

on the 13th day of September A. D. 1930

( Costs Paid by Claim by Auditor.)

FEES: F Clemmensen. Sheriff

Service $2.00 of Audubon County Iowa.

Mileage $4.80 By C F Boers Deputy.

Total $6.80 [signed on top of it C.F. Boers]

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Page 38:

[form]

DISTRICT COURT SUBPOENA.

STATE OF IOWA, }

Audubon County, } ss. THE STATE OF IOWA.

To Luverne May and Robert May

YOU ARE HEREBY COMMANDED to be and appear before the District Court of the County of Audubon, to be held at the Court House in the City of Audubon said County, at 1:00 o’clock P. M., on the 13th day of Sept. , A. D. 1930,

to testify in a cause now pending and to be tried, wherein

Effa May

Plaintiff, and Hal May

Defendant, on the part of the plaintiff [handwritten]

HEREOF FAIL NOT AT YOUR PERIL.

WITNESS, H. M. Buthweg, Clerk of

the District Court in and for said Audubon County,

and the seal of said Court hereunto affixed at his office in the City of

Audubon, in said County, on this 13th day of

Sept., A. D. 1930,

H.M. Buthweg

Clerk.

By Dorothy Donaldson

Deputy.

[stamped “FILED SEP 15 1930 H.M. Buthweg CLERK BY Dorothy Donaldson DEPUTY]

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Page 39:

[subpoena form]

STATE OF IOWA, }ss. This subpoena came into my hands September 15th

AUDUBON County, } 1930, and I certify that I personally served the same

as follows:

On LUVERNE MAY { By reading the same to him in SEPTEMBER 13TH, 1930

On ROBERT MAY { this County and delivering him a “ “ , 1930

copy.

FEES ( Costs Paid by Claim ) F Clemmensen

Service $.75 ( by Auditor.) Sheriff.

Mileage 3.20

Copies .40 By C F Boers [signed over C.F. Boers]

Total $4.35 Deputy.

2-2 [handwritten]

Page 40 (probably belongs after page 20):

[an envelope]

[return address says “Return in Five Days to

Clerk of District Court

Audubon, Iowa]

[handwritten on envelope: no fees asked on within witnesses:

______________

Geo. Hunt

P.M. Christensen

M.O. Smith

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[END OF LEGAL DOCKET]