Ruth Barnes vs. W. A. Barnes, case #1230 District Court (old series, on reel #14 in Sonoma County Clerk's Office):

1. File cover.

 

7th DISTRICT COURT,
STATE OF CALIFORNIA
Ruth Barnes
vs.
W. A. Barnes
JUDGMENT ROLL
Filed 24th October 1862
W. Y. Anderson, Clerk
Wm Ross
Pltff. Attorney

  

2. Certification of the filing by W. Y. Anderson, Clerk, 24 October 1862.

3, 4, 5 (duplicate of 4), 6. Deposition of the initial suit by Ruth Barnes, through her attorney on 3 May 1862. Four pages.

7. File or folder title of the case.

8. Part of a post marked envelop with a 3 cent stamp on it.

 

Lakeport ?/ Mar 22 1877 / Cal.COURT,
To John T. Fortson Esq.
County Clerk Sonoma Co.
Santa Rosa
Cal

 

9-11. Letter from Emory Bownsen?, District Attorney of Lake County, to the County Clerk of Sonoma County. Two pages.
Difficult to read. The District Attorney is apparently trying some other case: The People vs. W. A. Barnes in Lake County. The District Attorney intends to prove that the present woman (unnamed in the request) Barnes is living with is not his wife, and needs a full account of the 1863 Barnes divorce, why this case was not pursued, and the conditions under which the divorce was set aside. It would probably be instructive here to find out what this 1877 Lake County case was all about.

12-14. Another copy in a different hand of the 3 May 1862 deposition of the original suit by Ruth Barnes. Three pages.

15. Cover sheet with case title.

16-19 (two copies). Printed summons for William A. Barnes to appear in court for Judgment in the case brought against him, dated 3 May 1862. Two pages.

20-21. Deposition by Ruth Barnes, 5 July 1862. Two pages.
That she is the plaintiff, repeats her reasons for the divorce as a result of the adultery in Humbolt Co. That she had "caused a summons duly issued" of 3 May 1862. The summons was delivered to the Defendant whose last residence was in Yolo Co. However, when the sheriff attempted to deliver the summons, he could not be found. She "...has no knowledge or information as to the present residence of said Defendant."
Certified by M. Churchman, County Judge 5 July 1862.

22-23 Copy of summons for William A. Barnes to appear in court for Judgment in the case brought against him, dated 3 May 1862. Filed 5 July 1862. Two pages.

24. Newspaper receipt from The Sonoma County Democrat (and Thomas L. Thompson).

 

The newspaper is to run a legal notice for 4 successive weeks starting the 10th day of July. The notice requires William A. Barnes to appear in court within forty days in a case brought against him.
The said action is brought to obtain a judgment and decree of this Court, annulling, setting aside and forever dissolving the marriage contract existing between the said Plaintiff and defendant, that the Plaintiff may have a divorce from the bed and board of, and from the bonds of matrimony existing between plaintiff and defendant, and that she may be allowed to have the possession, care, custody, and control of her infant children, Francis and Richard, and for such other and further relief, or both in the premises that may be just...

  

25-26. Notes.
Proof of publication filed 21 October 1862.
Receipt of Listing filed 24 October 1862.

27-33. Court testimony, Ruth Barnes vs. Wm. A. Barnes, 23 October 1862. Seven pages.

34. Note with case title and filing date of 24 October 1862.

35-36. The Judge's decisions about the case, 24 October 1862. Two pages.

37. Letter from the 7th District Court in Sonoma notifying Plaintiff of response by the Defendant to the judgement, n.d. ( April - May 1863).

38-40. Response by the Defendant. Three pages.

41. Deposition by William A. Barnes on 9 April, 1863.

42. Letter to Ruth Barnes and her attorney from Chas. P. Wilkins, similar to the previous one (37). n.d.

  ...that the said defendant William A. Barnes may be allowed to defend this action, notwithstanding the judgment entered herein, in service by publication, as in the said affidavit stated, and that such judgement may be vacated and set aside, in such manner and in such terms as may be just -- And that such further and other order may be made in the promises as shall be right.  

43. Case cover, with title, filed 11 April 1863.

44. Form of court costs filled out by Wm. Ross and Ruth Barnes' attorney, 22 June 1863.

  DISBURSEMENTS;
SHERIFF'S FEES, Yolo County xxxxx $10.00
CLERK'S FEES xxxxxxxxxxxxxxxxxxxx$15.80
WITNESS' FEES none paid-- xxxxxxxx$
Printing fees -- T. L. Thompson xxxxxx$15.00
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx$40.80		  

45. Cover (other side) of previous document.

46. Judgment? This is the last document of the case. The divorce appears to have been set aside, and I was unable to find any other follow up suit on this case in these records.

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This page created on 07/22/99 15:55.