Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-01-13

THE STATE OF TEXAS.
To the Sheriff Of Datias County Greeting:
VTOU are hereby commanded, that you
summon, by publication, James X.
Hines, who is n nOn-res idcnt Of the State
of Texas to be and appear before the
District Court, TO be holden in and for
the County of Dallas, Mt the Court House
| thereof, in the city Of Dallas, on the LIST
Monday in February next then and there
to answer the petition of I. G. Jordan,
William II. Thomas and James p. Thomas,
residents of the county Of Dallas, and
State of Texas, partners in trade, trading
and doing business under the firm name
and style OF 7. C. Jordan & Co., filed in
said court against the said James * Hines,
Wade II. Witt, Richard b Murphy, A.
Buchanan, George NJ. Swink and Il. A.
Roberts, and alleging in substance as fol.
lows, TO wit That heretofore, to-wit: on
the 18th day of May, A. ID. 1870, the de-
PENDANT James X. Hines made, executed,
and delivered to W. H. Witt, r b MUIR
phy and A Buchanan, his certain prom
issory note In writing, bearing date a
certain day aud year therein specified,
to-wit: the day and year aforesaid, and
thereby promised sixty days after the date
thereof, to pay to the order of W. II. Witt,
X. B. Murphy and 4. Buchanan the sum
of one the nsand, six hundred and ninety.
one dollars gold coin, at Dallas, Texas, for
value received, by means whereof the said
Hines became indebted and promised to
nay said will, Murphy and Buchanan the
sum of money in said note specified; thai
afterwards, to-wit: on the day ard ycai
aforesaid, the said Witt, Murphy and Blu
ohanan, for valuable consideration paid
them by the defendants Swink and Rob
er,s, assigned, endorsed aud transferred
Said note TO the said Swink ant Roberts
and that afterwards, to wit: OF the day
aud year aforesaid, the defendants, Swink
aud ROBBERS, for "A valuable consideration
to them paid BY plaintiffs, assigned, en-
dorsed and transferred, by the way aud
signature OF Swirk and Roberts said mote
to plaintiffs, and that plaintiffs are th'
legal holders of said note, by meant
whereof said de fendan:s, and each OF them
undertook and faithfully promised to paJ
TO plaintiffs the sum of money IN said mote
spec flied according TO the tenor and eBee
thereof, yet to pay the same, or any par
) thereof, though often requested, the ssiC
defendants have wholly failed nd refused
+ and still fail and refuse, 10 plaintiffs, dam
age two thousand dollars. Plaintiffs fur
Their represent that suit was not brough
upon said note TO the first term of thi
court after the right of action accrued
thereon for the reason that defendant
specially requested plaintiff, to "hold SAT-
note over, and agreed to claim no exsmp
tion from liability rs endorsers by reasol
thereof. Herein fail not, but have yo
then and there, before said court, this writ
! with your return thereon, showing ho'
YOU have executed the same.
~ Witness J. NJ. Laws, Clerk o
SEAL the District Court Of Dalla
Wv County. Given under my han
and seal OF said court, in the ciiyof Dallas
this 18th day Of December, A. ID. 1871.
J. NJ. LAWS,
Clerk Dist. Court Dallas Co, Texas.
By z E. CooNBs, Deputy.
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