The Placer herald., 1865-03-25
SUM M ONS. .
STATE OF CALIFORNIA,
PLACER COUNTY.
District Court of the Fourteenth Judicial District
of said State.


PLACER COUNTY.
District Court Of the Fourteenth Judicial Distret
of said State.
THE PEoptE OF THE STATE OF CALIFORNIA: To
WM. OsRURN AND CATHARINE LAwLER:
NOU ARE HEREBY SUMMONED to answer
Il the complaint of b. G. Allen, +. NJ. Hall and
Henry Hubbard in said Court. filed against you.
within ten days from the service OF this Writ
exclusive Of the day Of service. il served on YOU
in this County. but if served on you without
said county, and within said District, twenty
days. and if served on you without said County
and District, then in iortydays from such service
exclusive OF the day OF service. in act lion CO
mcnced on the 18th day OF Dec, timber 1854, in
said court. to obtain judgment against you. de-
fendant, Wm Osburn, and in favor of plaintiff.
for the sum OF 81 600 90 and interest thereon nt
two and one half per cent per month from Jan.
nary cath, 1863. alleged TO be due ON Your Ger.
tain promissory note of the last mentioned date,
for the said of S 900 90 and interest ther. on
at the rate above mentioned and payable to The
order of plaintiffs. plaintiffs also ask for de.
cree OF foreclosure againstecrtan property mort.
gagged by you to secure the payment OF said note
and interest to-wit: all that certain property
situate lying and being in and near Auburn,
Placer county. California. and formerly known
as Smith Woodin's water works, more aiticu-
larly set out and described in the complaint iu
this cause, now on file, together with all the
riohts, privileges and appurenances thcreunto
belonging or appertaining.
plaintiffs ask that the claim or claims Of both
OF the above named defendants in and 10 said
ged premises may be decrced by the court
to be subsequent aud subject TO plaintiffs said
mortgage Plaintiffs also ask for 10 Der cent
upon the amount found due, for their use as At
torncys fees as prov idcd by said mortgage.-
Plaintiffs also ask for their costs OF suit in this
| action. and that this Judgment follow the terms
OF the coptract expressed in said promssory note
and be made payable only in the gold coin cur
rency OF the United States all Of which YOU will
find more fully set out in the complaint on flr,
certified copy Of which is herewith served.
And you are hereby notified that il you fail to
answer the complaint rs directed, Plaintiffs will
take judgment by default against you and apply
to the court for the relief prayed for
IN WITNESS WHEREOF. ] d. W.
- Spear. Clerk of the Fourteenth Judi
l.. cial District Court aforesaid do here.
t~~) unto set my hand and impress the seal
f@l of said court. at Office in Auburn this
so ct d. w. SPEAR,
Clerk.
f. NJ. HALL, B c. ALLEN, AND HENRY Human
WILLIAM OsBuRN AND CArHARINE LAwLER
District Court, l4th judicial District. Placer
County, California.
1t appearing to my satisfaction by the affidavit
OF Henry Hubbard, one of the plaintiffs in the
above entitled action, that VIM. Osburn and Cath.
aflne LAWYER, tne defendants in said action. both
reside out of the State Of California that VIM,
Osburn resides ut Dayton, State of Nevada. and
that the said Catharine Lawler resides somewhere
in said State Of Nevada unknown to afiiant, and
it likewise appearing that plaintiffs have good
cause OF action against defendant. VIM Osburp.
and that defendant Catharine Lawler is a proper
party to said action, and it appearing that sum.
mons has been issued, and on motion of Tuttle.
Hale &iFellows, Attorneys it is therefore ordered
that service OF summons in said action be had
upon the said defendants. VIM. Osburn and Cath.
arine Lawler, by the publication OF the same
(hercuno annexcd) at least once week for th
period of three months in the Placer Herald, A
newspaper printed and published at Auburn.
Placer county. And it is further ordered that
the Clerk Of the District Court OF the 18th Judi
cial District in and for Placer County. forthwith
deposit in the Post Office, with the postage pre
paid. copy of the sum mons and Complaint in
said action. addressed to VIM. Osburn, al Dayton,
State of Nevada.
II. FELLOWS,
County Judge Placer County.
Attest, D. W. SPEAR. County Clerk.
BY A. N. GAMBELI., Deputy.
Dec. II, ls64-3m.