Iowa County WI Archives Divorce.....Tyrer, Miranda - Tyrer, Warren March 16, 1858 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wi/wifiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com December 31, 2006, 5:15 am Divorce Records of Iowa Co, WI The oldest son of LUTHER and Nelly Tyrer, Warren Tyrer lost his first wife, Mary [Washburn] Tyrer in 1852 in New York. He remarried May 2, 1854 to a woman named Miranda, last name unknown at this time. This marriage was ill-fated from the start, as shown by testimony from the divorce papers from Iowa County, WI: Warren Tyrer against Miranda Tyrer, Complaint for divorce. “It appearing to my satisfaction by the affidavit of the above named plaintiff, Warren Tyrer, that the above named defendant, Miranda Tyrer, cannot, after due diligence, be found within this state, and that the residence at this time of the said defendant is unknown to the said plaintiff, and that a cause of action exists against her, the said defendant, to wit, grounds for divorce; I do hereby order that the summons hereunto annexed be published in the “Mineral Point Democrat,” a weekly newspaper published in the city of Mineral Point in Iowa County, Wisconsin once in each week for six successive weeks, and that a copy of said summons and complaint be sent to the said defendant as soon as her present place of abode can be ascertained, or that personal service of a copy of said summons and complaint be made on said defendant. Dated August 24, 1857. George S. Frost, Circuit Court Commissioner, Iowa County, WI.” Warren Tyrer, plaintiff, against Miranda Tyrer, defendant. Civil action on complaint for divorce. “Warren Tyrer of said county and state, complaining of Miranda Tyrer, for that the said Warren Tyrer did, on the 2nd day of May, in the year of our Lord, 1854 at the town of Collins in the County of Erie in the state of New York, intermarry with the said Miranda Tyrer, defendant, and continued to live with, and cohabit with the said Miranda Tyrer as his wife from that time up to the month of September in the year of our Lord, 1855, as her lawful and wedded husband.” “And the said Warren Tyrer, plaintiff further complains that some time in the month of September as aforesaid, the said Miranda Tyrer, defendant, did willfully and without any just cause or provocation, desert the said Warren Tyrer, plaintiff, in the state of New York aforesaid, and that since the time of the said Miranda Tyrer deserted the said Warren Tyrer, plaintiff, the said Miranda Tyrer has never returned to this complainant.. The said Warren Tyrer, plaintiff states that he is a resident of the state of Wisconsin and has been for the last year past. And this plaintiff further states and charges the fact to be, that during the cohabitation of the said Miranda Tyrer and this plaintiff, that there was no issue born to them, the said plaintiff and said defendant.” “This complainant further states that said defendant is now about thirty years of age, and that this plaintiff is now about the age of forty years.” “In consideration whereof, and to the end that the said defendant Miranda Tyrer may perfect answer make, to this complaint of said plaintiff under his oath to all and singular the maters and things herein stated, and particularly as if the same were herein repeated paragraph by paragraph and be interrogated thereto, and that the marriage between the said plaintiff , Warren Tyrer and the said defendant, Miranda Tyrer, may be dissolved and declared null and void, and an order granted according to the statute is such case made and provided, and that the said plaintiff may have such other and further relief in the premises ordered to him, and shall be agreeable to good considerance.” Warren Tyrer. On this 22nd day of August, 1857, personally came before me, Warren Tyrer, and made oath that he has heard the above complaint read and knows the contents thereof, and that the same be true of his own knowledge.” Warren Tyrer against Miranda Tyrer “Depositions of witnesses produced and publicly sworn and examined the 1st day of January, 1858, before me, the undersigned Elisha McHenry, a Justice of the Peace in and for the County of Erie in the state of New York, at my office in the town of Collins in said county in a cause depending between the above named parties in the Circuit Court, Iowa County, Wisconsin.” “Rufus Whitford of the town of East Otto in Cattaraugus County, New York, being duly and publicly sworn, deposes and says as follows: “I live in the town of East Otto, County of Cattaraugus, and am of the age of 37 years past. I am acquainted with Warren Tyrer and Miranda Tyrer. I worked for Warren Tyrer in the year 1855 at Collins in Erie County. I commenced the last day of January in that year. They [the parties] were living together as man and wife when I commenced working for them. I worked there a year with the exception of about half a month that was last within the year. Mrs. Tyrer, the defendant, left the house of her husband about the last of September or the 1st of October of the year 1855. She took her clothing and furniture when she left. She had, before the day she left, said that when she did leave, she should leave for good. She had threatened to leave him and not live with him anymore. Mr. Tyrer, the plaintiff, was gone from home at the time she left his house. She directed me to take Mr. Tyrer’s team and take her and her goods away, which I did. She went to the village of Gowanda to the house of Wilbur Morriss, or where he lived, about a mile and a half from Tyrer’s house. She ordered her things carried there. I did not see her back at Mr. Tyrer’s house while I lived there. My wife and Mr. Tyrer’s girl kept house. Mr. Tyrer’s o__ed was in possession of a farm that he _____ carried in the year that I worked for him and when his wife left him, I left him, some time in the month of February 1856. I never had any conversation with Mrs. Tyrer after she left. Mrs. Miranda Tyrer is my wife’s half sister. Rufus Whitford.” Mrs. Louisa Hall, being duly and publicly sworn, deposes and says as follows: “I reside in the town of Collins, Erie County and state of New York. A___ Hall is my husband. I am acquainted with the parties in this suit. Myself and husband resided near the house of Mr. Tyrer in the dura___ __________________________[line obscured by a fold in the paper.] Mrs. Tyrer left her husband during the fall of 1855. Before she left him, I heard her threaten to do so, as much as six months previous to her leaving. She said was not going to stay there. Said he was good man enough, had nothing against, but did not want to live there. Every little while she would say that she would not live with Mr. Tyrer any longer, that she did not marry him because she loved him, but married him to better herself.” “I went into Mr. Tyrer’s house when she was packing up her things to go away. She said she was going to leave. I told her I was afraid that she would be sorry for it. She answered that she did not know, but she should try it. I never have seen her since she left Mr. Tyrer’s house. Her husband continued to reside in the farm nearly a year after she left him. Mrs. Tyrer told me that she was going to reside with her sister. I saw Mrs. Tyrer and Wilbur Morriss riding out together just at dusk in the evening of the day she left. I had seen them riding out together before, once, and he was at Mrs.[Tyrer’s] house several times with a carriage. He came generally when Mr. Tyrer was gone. She rode out with him once when Mr. Tyrer was about home. He was at our house and saw her go.” Leman H. Pitcher, esq., being duly and publicly sworn, deposes and says: “I reside in the town of Collins, County of Erie and state of New York. I am seventy-six years of age and am hale, hearty and cheerful. I was a magistrate in the town of Collins aforesaid during the year 1854. I am acquainted with the parties to this suit, Warren Tyrer and Miranda Tyrer. I married them. I think it was in the spring of 1854 at Collins, Erie County, NY. Mr. Tyrer lived on his farm in Collins at the time.” “I have frequently heard her say that she intended leaving him and should not live with him anymore. I am knowing to the fact that she and Wilbur Morriss have lived in a house alone with no other person in the house except a little child about 4 years old. Mr. Morriss is an unmarried man. She and Morriss have lived in this manner since her leaving Mr. Tyrer.” William L. G. Smith being duly and publicly sworn, deposes and says: “I came to the town of Collins in May 1855 and resided near Mr. Tyrer’s and about the 6th day of November of the same year, I moved into and occupied a room in his house. I rented the farm commencing the 1st day of April 1856. he boarded with me from the time I took the farm until he left there, which I think was in August 1856. Before Mrs. Tyrer left her husband, I heard her say she would not live with him. I know that she left the premises. I saw Wilbur Morriss take her away with a buggy when she left. I have seen them riding together in a buggy since. Mrs. Tyrer never came back to live with her husband after she left him in the fall of 1855. Wm. L. G. Smith.” “I certify that the foregoing depositions of Rufus Whitford, Louisa Hall, Leman H. Pitcher and William L, G. Smith contained on the 3 preceding pages and hereunto annexed were duly taken, sworn to, and subscribed before me, this 1st day of January, 1858. Elisha W. Henry, Justice of the Peace.” Warren Tyrer, plaintiff against Miranda Tyrer, defendant-On petition for Divorce “And now on this day, to wit; the 16th day of March, 1858 and the 2nd day of the term of said Court, this cause came on to be heard on the complaint of the said plaintiff, the defendant having failed to answer or demur as required by the summons herein, and on the report of George S. Frost, Esq., Court Commissioner to whom this cause was referred, to take proof of the matters and things charge in said complaint, and this cause being argued by Dunn & Read of counsel for the said plaintiff; In consideration of the premises, it is now by the Court ordered, adjudged and decreed that the bonds of matrimony and the marriage contract heretofore existing between the said plaintiff Warren Tyrer and the said defendant Miranda Tyrer, be, and the same is hereby annulled and declared null and void, rescinded and decreed and declared dissolved from and after this date, and the date of this decree, and the said Warren Tyrer, plaintiff herein, is hereby restored to all the rights and privileges of an unmarried man, and is hereby released entire from the said marriage contract. And it be further ordered and adjudged and decreed that the said defendant do pay the costs and charges of this proceeding, to be taxed and that execution therefore when demanded by said plaintiff. Signed in open court this 16th day of March, 1858.” Warren Tyrer remarried the very same year of 1858, to Sarah Bartlett. File at: http://files.usgwarchives.net/wi/iowa/vitals/divorces/tyrer2gdv.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 11.4 Kb