Milly Catharine Hart vs. Josiah Hart, Divorce
Case 662
In the District Court of the 1st Judicial District for the County of Los Angeles, State of California
Milly Catharine Hart vs. Josiah Hart, Divorce
Complaint, Filed October 22, 1859
And now comes Milly Catharine Hart, a resident the the County of Los Angeles State aforesaid, Plaintiff in this cause by William G. Dryden her attorney, and for cause of complaint against one Josiah Hart, Defendant in the above entittled cause, shows to this honorable Court that on or about the first day of July A.D. 1844, in Red River County, State of Texas, this Plaintiff was legally married by and before competent authority to the said Defendant, and this Plaintiff whilst living in legal matrimony with said Defendant, she had issue by her said husband Josiah Hart, son of the age of fourteen years [Joseph], Meridith Hart, of about the age of twelve years.
And this Plaintiff further shows to the Court, that on or about the month of September A.D. 1852, this Plaintiff with her said husband, removed and came into the State of California, County of Los Angeles, with the intention to reside permanantly therein. That Plaintiff and Defendant did reside in the County and State aforesaid as man and wife until about the fifteenth day of May A.D. 1854. That this Plaintiff from the date of her marriage with the Defendant, performed her duty in everything as a dutiful and faithful wife, upon her part, that at the time aforesaid, 15th May A.D. 1854, defendant became neglectful to this Plaintiff, and forgetting his solumn marriage vow, upon his part, and by his commands, this Plaintiff was driven and compelled to leave his bed and board.
This Plaintiff further shows that in obediance to her marriage vow, she was willing and [illegible] to live with her husband as a faithful wife, but was prevented from so doing by the threats and [illegible] of her said husband, that if she did not leave his house he would make her leave, and that for more than two years from and after the said 15th day of May A.D. 1854, the said Defendant absolutely and without cause or provocation abandoned and deserted this Plaintiff and has refused to support and receive into his house this Plaintiff and still refuses to receive and support his wife as in duty bound in the common necessities of life, the said Defendant having the ability to provide the same for.
And this Plaintiff further shows that from and after the said 15th day of May A.D. 1854, the said defendant absolutely abandoned and willfully neglected to provide for this Plaintiff, his wife, for more than five years thereafter, refusing her all support and protection, and driving her from his bed and board.
Therefore, this Plaintiff prays to a decree and judgment of divorce from the bonds of matrimony and that an order of this Court may be made declaring the marriage between this Plaintiff and Defendant forever dissolved and set aside and for such further and general relief as to her cause belongs, and Plaintiff [illegible] ever [illegible] as in duty bound.
W.G. Dryden
Attorney for Plaintiff
October 22, 1859
Summons served to Josiah Hart November 8, 1859, in Tehachapi, County of Los Angeles. [Now in Kern County. about 50 miles NE of Fort Tejon]
Answer, Filed November 17th, 1859
Now comes the said Josiah Hart Defendant in this cause by J.R. Mitchell, his attorney, and for answer to the complaint of said Plaintiff that it is true as charged in the said complaint that the said parties, Plaintiff and Defendant, were married in the State of Texas in or about the Month of June A.D. 1844. It is also true as charged in complaint of Plaintiff that they removed to the State of California in the year 1852 and have continued to reside in said State of California from that time until the present.
And this Defendant further answering, says that it is not true as charged in said complaint that this Defendant ever drove or forced the said Plaintiff from his, the said Defendant's house, but on the contrary he alledges that he has always conducted himself as a true and faithful husband to said Plaintiff.
And this Defendant further charges that the said Plaintiff, forgetfull of her marriage vows and without any just cause or provocation, deserted this defendant in the month of May A.D. 1854 and still remains absent from his bed and board although this Defendant has frequently requested and invited her to return and live as she is in duty bound to do.
And this Defendant further answering denies and says that it is not true as charged in said complaint that he has ever refused or neglected to provide the said Plaintiff with the necessaries of life, but on the contrary, he charges that he has at times and many times since her said desertion in 1854 sent and requested her to return and live with him and offered to supply her with all the necessaries of life within his means, but as yet she has refused and neglected to return.
Wherefore this Defendant prays to be hence [illegible] with his costs in this behalf expended.
J.R. Mitchell
Attorney for Defendant
November 17, 1859
On January 4, 1860, the divorce was granted. The judge agreed with Milly's complaint.