The Placer herald., 1865-03-11
SU M M ON S.
STATE-OF CALIFORNIA
PLACER COUNTY.
District Court of the Fourteenth Judicial District
of said State.

STATE-OF CALltORNlA,
PLACER COUNTY.
District Court of the Fourteenth Judicial Districs
of said State.
The PEorLE OF THE STATE OF CALIroRN1A: To
WM OsRURN AND CATHAIINE LAwLER:
NOU ARE HEREBY SUMMONED to answer
Il the complaint of B. c. Allen, Z. 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, if 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 tortydays from such service
exclusive of the day of service. in an action com.
menced the 18th day of Dec ctmber. 1854, in
| said court. to obtain judgment against you, de-
fendant, Vim. Osburn, and in favor of plaintiffs.
for the sum of 5 900 90 and interest thereon at
two and one half per cent. per month. from Jan.
uary 2lth, 1868, alleged to be due on your GER
| tain promissory note of the last mentioned date
for the said Of 81 600 90 and interest thereon
| at the rate above mentioned and payable to the
order of plaintiffs. plaintiffs also ask for de,
cree OF foreclosure against certain property mort
gagged by you TO secure the payment Of said note
and interest, towi: all that certain property
situate lying and being in and near Auburn,
Placer county. California, and formerly known
as Smith Woodins water works. more particu.
larly set out and described in the complaint in
this cause, now on file, together with all the
rights, privileges and appurtenances thcreunto
belonging or appertaining.
plaintiffs ask that the claim or claims of both
of the above named defendants in and 10 said
mortgaged premises may be deCreed by the court
to be subsequent and subject to plaintiffs said
mortgage. Plaintiffs also ask for 10 per cent
upon the amount found due for their use as At
torncys fees as provided by said mortga ge.~-
plaintiffs also ask for their costs of suit in this
action. and that this Judgment follow the terms
of the contract expressed in said promisscry 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 flc
a certified copy of which is herewith served.
And you are hereby notified that if you fail to
answer the complaint as directed, Plaintiffs will
take judgment by default against you and apply
to the court for the relief prayed for.
IN WITNESS WHEREOF. d. W.
49, Spear, Clerk of the Fourteenth Judi
3L. S. cial District Court aforesai i'd do here.
(--) unto set my hand and impress the seal
f-, of said court. at Office in Auburn, his
IR.S | 18th day of December. 1864.
150ct D. W. SPEAR.
N@~' Clerk.
BY A. N. CANCEL. Deputy.
E. NJ. HALL, b. G. ALLEN, AND HENRY HyBBARa
WILLIAM OsBURN'A AND CATHARINE LAWYER
District Court, 14th Judicial District, Placer
County, California.
It appearing to my satisfaction by the affidavit
OF Henry Hubbard, one of the plaintiffs in the
above entitled action, that Wm Osburn and Gath
reside out of the State Of California. that Wm.
Osburn resides at Dayton, State of Nevada. and
that the said Catharine Lawler resides somewhere
in said State of Nevada unknown to affant, and
it likewise appearing that plaintiffs have good
cause of action against defendant. VIM. Osburn,
and that defendant Catharine Lawler is 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 Inc said defendants VIM. Osburn and CATH
arine Lawler, by the publication of the same,
(hereunto annexed) at least once week for the
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 l4th Judi
cial District in and for PLACER County, forthwith,
deposit in the Post Office, with the postage pre-
paid, q copy of the mons and complaint in,
said action, addressed to VIM. Osburn at Dayton.
State of Nevada.
II. FELLOWS,
County Judge Placer County.
Dec. 10th, 1864.
Attest, D. W. SPEAR, County Clerk
BY A. n GAMBELL, Deputy.
Dec. II, 1S64-3m.