The Placer herald., 1865-03-18
SU MI M OMS
STATE OF CALIFORNIA, !
PLACER COUNTY.
District Court OF the Fourteenth
Of c,;1 Cfota

PLACER COUNTY.
District Court Of the Fourteenth Judicial District
Of said State
TIM ProrlG or THE STATE OF CAL1FonN1A: To
WV. OsnuRN AND CArnARGNE LAWYER:
%TOU ARE HEREBY SUMMONED to answer
n the complaint of B. c. Allen. T. NJ. Hall and
Henry Hubbard in said Court. filed against you
within ten days from the service al this Writ,
exclusive Of the day of service If served on you
in this County, but ii served on Won without
said county, and within said District. twenty
days: and II 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 on the 10Th day OF December. 1864. in
said court, to obtain Judgment against you. de-
fendant Wm. Osburn, and in favor of plaintiffs
for the sum Of S 600 90 and interest thereon at
two and one-hali per cent. per month, from Jam
uary 24th 1868. alleged to be due on your GER
tain promissory note Of the last mentioned date
for the slid sum o S 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, to-wit: all that certain properly
situate lying and being in and near Auburn,
Placer county. California. and formerly known
rs Smith Woodin's water works. more particu-
arly set out and described in the complaint in
this cause, now on file, together with all the
RIGHTS, privileges and appurtcnances thcrcunto
belonging or appcrtannc.
plaintiffs asl; that the claim or claims Of both
Of the above named defendants in and 10 said
mortgaged premises may he decrced bv the court
to be sub 'quent 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 prov by said mortoagc-
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 Won will
md fl " ct ouf in t,p nj
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 udgment 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. cia District Court aforesaid do here
t~-) unto set my hand and impress the seal
Of SAID court at Office in Auburn. ibis
} LR.S 18th day Of December: 1861.
80 ct D. W, SPEAR,
N-~| Clerk
By i. n. GAMBEII.. Deputy
L. NJ. UALIn c. ALLEN, AND HENRY HUBBARD
vs..
WILLIAM OsBURN AND CATHARINE LAwLEn.
District Court, l4th Judicial District, Placer
County, California.
II appearing to my satisfaction by the affidavit
OF hehry hubbard one OF the plaintiffs in the
above entitled action, that Wm. Osburn and Cath
arine Lawer the defendants in said action. both
reside out OF the State Of California; that VIM
Osburn resides at Dayton. State Of Nevada. and
that the said Caiharne Law Ter resides somewhere
in said State of Nevada unknown to aflant and
it Likewise appearing that plaintiffs have good
cause Of action against defendant VIM. Osburn.
and that defendant Cotharine Lawler is a proper
party to said action, and it appearing thai sum.
mons has been issued and on motion of Tuttle
Hale &lFeilows, Attorneys. il is therefore ordered
that service of summons in said action be had
upon the said Defendants VIM. Osburn ana Cath.
arine LaWler, by the publication of the same
(hereunto anneXed) at least once Il 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 Nth Judi
ciol District in and for Placer County, forthwith
deposit in the Post Office with the postage pre-
paid, copy of the summons and complaint ir
said action addressed to VIM. Osburn at DAYTON,
State of Nevada.
H. FELLOWS.
County Judge Placer County
Dee. 10th. 1864.
Attest, D. w. SPEAR. County Clerk.
BY a. N GAMBELL, Deputy.
Dec. II, lSG4-3m.