The Placer herald., 1865-04-01
SUM NJ ON S.
)F CALIFORNIA, |

PLACER COUNTY.
District Court of the Fourteenth Judicial District
Of said State.
THE PEOPLE OF THE STATE OF CALIFORNIA; To
WM. OsRuRN AND CATHARINE LAWYER:
TTOU ARE HEREBY SUMMONED to answer
II the complaint of B. C. Allen, E. 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 yea
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 on the 18th day OF December. lSc4 in
| said court to obtain judgment against you. de-
fendant, VIM. Osburn and in favor of plaintifr.,
for the sum of $1,000 90 and interest thereon at
two and One-halt per cent. per month, from Jan
uary oath. 1868, alleged to be due on your Ger.
tain promissory note OF the last mentioned date.
for the said sum of 81 900 90 and interest thereon
| at the rate above mentioned and payable to the
| order of plaintiffs. plaintiffs also ask for a 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 property
situate lying and being in and near Auburn.
Placer county, California. and formerly known
as Smith & Woodn's water works. more pai ticu-
larly set out and described in the complaint in
this cause, now on file, together with all the
| rohts, privileges and appuitenances thereunto
belonging or appcrtainng.
| of the above named defendants in and 10 said
mortgaged premises may be decrced 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 prov idcd by said mort on pn -.-
! Plaintiffs also ask for their costs of snt in this
action. and that this Judgment follow the terms
of the contract expressed in said prQmissory note
and be made payable only in the gold coin cur
rency of the United States; all Of which you will
md mora full cnfo mt in fh.n
a certified copy of which is herewith served.
And you are hereby notified that If you fail TO
answer the complaint directed, Plaintiffs will
take judgment by default against you and apply
TO the court for the relief prayed for.
IN WITNESS WHEREOF. I D. W,
- Spear. Clerk Of the Fourteenth Judi
H.. ). claI District Conrt aforesaid do here.
(--) unto set my hand and impress the seal
49,, of said court a, Office in Auburn. his
scot d. W. SPEAR,
Clerk.
By A. N. CAMPBELL. Dcpstv
E. NJ. HALL, B G. ALLEN, AND HENRY HUBBARD
WILLIAM OsBURN AND CArHAR1YE LAwLEn.
District Court. 18th Judicial District, Placer
County, California.
1t appearing to my satisfaction by the affidavit
OF Henry Hubbard, one of the plaintifs in the
above entitled action, that VIM. Osburn and Cath
arine Lawler, 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 Caharine Lawler resides somewhere
in said State of Nevada unknown to affiant. and
it likewise appearing that plaintiffs have a good
cause of action 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 TuttIc
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
(hercunto anneXed) at least once a week for m
period of three months in the Placer Herald. a
newspaper printed and published at Auburn.
Placer county And it is further ordered. tbot
the Clerk of the District Court of the 18th JnIi.
cal District in and for Placer County, forthwith
deposit in the Post Office, with the postage nre.
paid a 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. GAMBEII, Deputv.
Dec. II, 1S64-3m.