Muhlenberg County Kentucky
Divorce Records
W.T. Cardwell vs. Mollie E. Cardwell
Muhlenberg Circuit Court.
W.T. Cardwell, Plaintiff.
Vs.
Mollie E. Cardwell, Defendant.
Petition in Equity
The plaintiff, W.T. Cardwell, states that he and the defendant, Mollie E. Cardwell, were heretofore on the 28th day of July, 1879, in the State of Illinois, legally joined in the holy bonds of matrimony; that they soon thereafter returned to the State of Kentucky, in which state they have since resided; that they each now reside and have for more than one year last past resided continuously in the County of Muhlenberg in said State; that they both are now actual residents of said County, and that they lived and co-habited together as husband and wife from the time of their marriage aforesaid, until the ___ day of March, 1905, at which time plaintiff left and abandoned defendant, and that they have since lived separate and apart without co-habitation, which has been for a period of more than five consecutive years next before the bringing of this action.
Wherefore, plaintiff prays for judgment granting him a divorce from the bonds of matrimony, and for all proper and equitable relief to which he may appear entitled.
Walker Wilkins
Attorney for Plaintiff.
Summons in Equity
The Commonwealth of Kentucky,
To the Sheriff of Muhlenberg County:
You are commanded to summon
Mollie E. Cardwell
to answer, in ten days after the service of this summons, a petition in equity filed against her in the Muhlenberg Circuit Court, by
W.T. Cardwell
and warn her that upon her failure to answer, the petition in equity will be taken for confessed, or She will be proceeded against for contempt and you will make due return of this summons, within ten days after the service thereof to the Clerk's office of said Court.
Gien under my hand, as Clerk of said Court, this 22 day of August 1910.
[Signed] C.S. Curd, Clerk.
Notice to Take Depositions
The defendant, Mollie E. Cardwell, is notified that the plaintiff, W.T. Cardwell, will, on Saturday, September 3, 1910, at the law office of Walker Wilkins in the town of Central City, Muhlenberg County, Kentucky, take the depositions of sundry witnesses to be read as evidence in behalf of plaintiff in the trial of the above styled cause. The taking of said depositions will begin between the house of 9:00 A.M. and 4:00 P.M. and continue from day to day until through.
W.T. Cardwell
By his Attorney, Walker Wilkins.
Deposition for Plaintiff
The deposition of Harland Robinson, taken pursuant to notice hereto attached on September 3rd, 1910 at the law office of Walker Wilkins in Central City, Muhlenberg County, Kentucky to be read as evidence in behalf of the plaintiff in the trial of an action now pending in the Muhlenberg Circuit Court in which W.T. Cardwell is plaintiff and Mollie E. Cardwell is defendant.
Witness first being duly sworn testifies as follows:
Q. State your age residence and occupation.
A. I am thirty, live at Drakesboro, Chief of Police of the town of Drakesboro.
Q. Do you know the plaintiff, W.T. Cardwell, and the defendant, Mollie E. Cardwell, if so how long have you know them?
A. I know them and have known both of them for 15 years.
Q. During that time where have they lived and where do they live [now]?
A. They lived at Rochester in Butler County for several years and then moved to Drakesboro, in Muhlenberg County.
Q. Have they ever been married?
A. Yes sir, they lived together as husband and wife from the time I first knew them until the time of their separation sometime in the spring of 1905, I think about March.
Q. Where were they then living?
A. They were living at Drakesboro, in this County.
Q. Have they ever lived and cohabited together as husband [and wife] since…
…that time?
A. I think not.
Q. During the time since their separation where have you lived?
A. I have been living in Drakesboro for the last ten years.
Q. If they had lived together as husband and wife since the time of their separation in March 1904, do you think you would have known it?
A. Yes I would.
Q. During the time since their separation how far has the defendant lived from you?
A. she is living about three or four hundred yeards from me now and has for the last three or four years and only lived in two houses in Drakesboro in the last ten years.
Q. Where does the plaintiff live?
A. Some where near Nelson in Muhlenberg County and has not been away from Drakesboro to live before this last spring in about ten years.
[Signed] H.R. Robinson
Also the deposition of R.D. McKie, taken at the same time and place and for the purpose stated in the caption: Witness first being duly sworn testifies as follows:
Q. State your age residence and occupation.
A. Thirty-five and live at Drakesboro, Ky. Miner.
Q. Do you know the plaintiff W.T. Cardwell and Mollie E. Cardwell if so how long have you know them?
A. About eight years.
Q. Where were they living when you first knew them?
A. Drakesboro.
Q. Were they living together as husband and wife?
A. Yes sir.
Q. How long did they live together as husband and wife?
A. Sometime in 1904 he left his wife.
Q. Were they living in Drakesboro at the time of their separation?
A. Yes.
Q. Have they ever lived together as husband [and wife] since that time?
A. Not that I know of and I don't hardly think they have saw each other since that time.
Q. Where has she lived during the time since the time of their separation?
A. Drakesboro, Ky.
Q. Where has he lived?
A. Lived the most of the time at Drakesboro, Ky.
[Signed] R.D. McKie
State of Kentucky }
County of Muhlenberg} Sct.
I, Blanche Rosson, a Notary Public, in and for the County and State aforesaid, do certify that the foregoing depositions of Harland Robinson and R.D. McKie were taken before me pursuant to notice hereto attached on September 3rd, 1910, at the time and place and for the purpose stated in the caption; that each of the said witnesses were duly sworn before giving their said depositions; that said depositions were taken by me on the typewriter and then presented to the said witnesses who after reading same signed their names in person in my presence; that said witnesses are personally known to me and worthy of belief; that plaintiff was present both in person and by attorney and that defendant was not present either in person or by attorney.
Given under my hand this the 3rd, day of September, 1910.
[Signed] Blanche Rosson.
Notary Public, M.C. Ky.
My Commission expires March
18, 1912.
Taxtation of Cost.
To taking two depositions in one day, $3.00
To three pages @ 15¢, .45
To taxing cost, .30
[Total] $3.75
Other Images from Court Docket
Contributed by Fran Salyers
Updated August 10, 2016