The Placer herald., 1865-03-04

SUM M ON S.
STATE OF CALIFORNIA, !
u. l.AI....r...

STATE OT CALIFORNIA,
PLACER COUNTY.
District Court of the Fourteenth Judicial District
OF said State.
TuE PEOPLE OF THE STATE OF CALIFORNIA: To
WM. OsRuRN AND CATHAHINE LAwLER:
VOU ARE HEREBY SUMMONED to answer
II the complaint Of &. c. 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. 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 ortydays from such service
exclusive OF the day of service. in an action COM
mcnced on the 18th day OF ectmber. 1854, in
said court. to obtain judgment against you, de-
fendant, VIM. Osburn, and in favor of plaintiffs.
for the sum OF $1,000 90 and interest thereon at
two and one-hali per cent. per month. from Jan.
uary oath. 1868, alleged TO be due your Ger
tain promssory note OF the last mentioned date.
for the slid sum Of $ 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, owi: all that certain property
situate lying and being in and near Auburn,
Placer county. California. and formerly known
rs Smith < Woo0n's water works more patticu-
larly set out and described in the complaint in
this cause, now on file, together with I'LL the
RIGHTS, privileges and oppnrtenances thcr.unto
| belonging or appertaining.
1
of the above named defendants in and to said
mortgaged premises may be decreed by the court
| to be subsequent aud 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 vidcd by said mortgage.-
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
find more fully set out in the complaint on file
a certified copy of which is herewith served
And you are hereby notified that il you fail 10
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.
| - Spear. Clerk Of the Fourteenth Judi
| 9L.S S. cal District Court aioresa i'd do here
- unto set my hand and impress the seal
f>-1-~, of eaid court at Office in Auburn this
I,R.S 10Th day of December. 1864.
so ct D. W. SPEAR,
Clerk
BY A. N. CAMPBELL. Deputy
E. N. HALL, G. ALLEN. AND HENRY HuBBARp
WILLIAM OsuuEN AND CATIIARINE LAWYER.
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.
arine Lawler' the defendants in said action, both
| lN'tuc out VI INC otltc Ol CIlllOrnla. that VIM.
Osburn resides at Dayton, State of Nevada and
that the said Catharne Lawler resides somcw here
in said State OF Nevada unknown to affant. and
it likewise appearing that plaintiffs have good
canse OF actlcn 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 @lFellows Attorneys, it is therefore ordered
that service OF summons in said action be had
upon the said defendants. VIM Osburn and Cath
arne Lawler, by the publication of the same.
Nercunto anneXcd) at least once a week for The
period of three months in the Placer Herald. n
newspaper printed and published at Auburn.
Placer county. And it is further ordered. that
the Clerk Of the District Court Of the l4th JnIi.
cial District in and for Placer County, forthwith
deposit in the Post Office, with the postage pre-.
paid, copy of the sun mons and complont in
sa'd sal, action addressed to VIM. Osburn at Dayton
II. FELLOWS.
County Judge Placer County
Attest, D. W. SPEAR. County Clerk.
900, BY A. N. GAMBE1I, Deputy,
Dec. II, l864-3m.