The Placer herald., 1865-02-25
SUM M ONS .
STATE OF CALIFORNIA, |
PLACER COUNTY.
District COurt OF the EnurtnenIh IuI

STATE Or CAl.lF ORN1A,
PLACER County.
District Court OF the Fourteenth Judicial District
OF said State.
THE PEorLE OF THE STATE OF CAIIroRy1A: TO
WM OSRURN AND CAruARINE LAwIFR:
WOU ARE HEREBY SUMMONED to answer
X the complaint Of Z. G, Allen. T.. NJ. Hal! 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 il served on you without
said county, and within said District. twenty
days; and if served on you without said County
and District, then in lortydays from such stlyicc
exclusive OF the day of service. in an action COM
menced on the 18th day of Dec mler lsC4, in
said court. to obtain judgment against you. de-
fendant, Wm. Osburn, and in favor of plaintiffs.
for The sum OF 81 600 90 and interest thereon at
two and one-hali per cent. per month ON Jan
nary 24th, 1868 alleged to be due on your GER
tain promissory note OF the last mentioned date
for the slid OF S 600 90 and interest thereon
at the rate above mentioned and payable to the
order of plaintiffs. Plaintihs also ask for de-
cree OF ioreclosure against certain property mort
gagged by you to secure the payment OF said note
and interest, towit: all that certain popertv
situate lying and being in and near Auburn,
Placer county, California, and formerly known
as Smith Woodn's water works. more particu--
larly set out and described in the complaint in
this cause, now on file, together with all the
rl"hts, privileges and appurtenances thcrtunto
belonging or oppertaining.
Plaintiffs ask that the claim or claims of both
OF the above named defendants in and TO said
mort ga9ed premises may be dec,ecd 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 prov idcd by said mortpape-
Plaintiffs also ask for their costs of suit in this
action. and that this Judgment follow the terms
OF the contract expressed in said promissory note
and be made payable only in the gold coin cur
rency OF the United States; all Of which you will
| in nlnr m nut in fbn ,I,;, Gl
certified copy of which is herewith served
And you are hereby notified that if 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.. S. cal District Court aforesaid do here
49, unto set my hand and impress the seal
f,-+~, OF said court. at office in Auburn his
scot D. W. SPEAR,
Clerk.
BY A. N. GAMBELL. Deputy
E. NJ HALL, G. ALLEN, AND HENRY HuBBxnn
WILLIAM OsBuRN AND CATHARINE LAwIEr.
District Court. 4th 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
arine Lawler, the defendants in aid action both
reside out OIL the State OF California; that Wm
Osburn resides ut Dayton, State of Nevada, and
that the said Catharine Lawler resides somewhere
in said State Of Nevada unknown to affiant, and
1T likewise appearing that plaintiffs have good
cause of acicn against defendant Wm Osburn
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 Tuttlc
Hale &lFellows, Attorneys it is therefore ordered
that service OF summons in said action be had
upon he said defendants, VIM. Osburn and Cath
arine Lawlcr, by the publication of the same.
(hcreunto anneXed) at least once a 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, 4 copy of the sun 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. GAMDELI, Deputy.
Dec II, lS6f-3m.