The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1873-09-27
TIME STATE or NAs;-To the Sheriff
. j. of Dallns county-Greetblg: You IRE
hereby COMMANDED that lyou eumn,Onsby

TIME STATE or TENAS--To the Sheriff
|. j. of Dlllns 5county-GreetWg: You are
hereby commanded that yen eumntOnsby
publication the California and Texas, Rail-
way Construction Company, who are non
residents of the state of Texas, 10 be ana APP
pear before the District Court of Dallas
county, to be holden In and for the county
of Dallas, at the Courthouse in the city and
county OF Dallas, and State Of Texas. on the
tllere3to nnswerithe petitipiu OF ONalter Y.
Scott, filed in said courtngainst the said Cal
ifornia and Texas Railway. Construction
Company, and alleging In substance as fol-
day OF November, 4. p. 1872, plaintiff and
defendant made and entered Into N Written
promised to haul and deliver to defendant,
on or by the =. tihy Of January, \. ID. 1879, not
less tn II eight hundred tons of hay, in bales
III Two hundredandilty pounds each, deiend-
iii ngrCein,, TO pay SIX dollars and fifty cents
,er tom for nil the hay so baled and delivered;
That in pursuance of said contract, plaintiff
baed aud delivered 70 defendant eleven
hundred and eyliy.lhree taps and seven
hundred and fifty pnilnds OF hay, and that
defendant, through It's agents, received and
accepted the same, by means whereof de-
to pl,intifrsix dollars and hity cents per ton
FOR he MY baled, delivered and accepted rs
Aforesaid, making In the aggregate the sum
., , s@Tsh "na nha een rh aiu sa ha eo
tract l. in the possession of defendant, and
notice is hereby given y TO produce the same
~.
Plaintiff further shows that at the special
instance and request of defendant, he sold
ind delivered to defendant certain articles Of
t,narchR ndise, and performed for him certain
work untlilabor, specified w theatcount at
tached 10 said petition, whereby defendant
became liableiIlId promised TO pay plaintiff
the sum of money in said account specified.
amounting in the aggregate to two hundred
and eight dollars and fOrty-two cents.
Plaintiff further shows that for the hny
baled, delivered and accepted as aforesait.
defendant has made various puftialepaA-
merits, asset iortliin the bill or particulars
hereto attached, amounting in the aggregate
to three thousand SIX hundred and eighty
eight dollars and 1Orty-0te, cents TlEdseX-
tsptasi;i,ove Omitted AND ALLOWED, tiefnd-
ant has not paid either Of Said sums ofseyen
thousahdisx nundred AMI ninaty-oiie dol,
light dollars and forty-two cents, or any part
thereof, but to pay tho same has hitherto re-
fused and still refuses.
The premises considered, plaintiff prays for
i writ Of attachment against the property of
Tid detgndant sufficient r. pay his said
BE- cited To appear and answ eg f,.lnd thai
oLiintiHhave judgmtut for Tile N.ie sdIhs Of
lnne,, less the credits aloresaid wi III intei-
Est titcreon for costs OF suit All. General and
special relief.
Herein fail not, hut have you them and
.herc before said Sourt this writ, showing
aoW YOU have executed the same. 'rif y -
Win, IS: John NJ. Laws, Clolk of the Dis
trict Court fDnllas county" Civ
(e4o) en- under my hand and the seal OF
SEAL said court at Office in the city
(-@J ofDallas this 18th day OF Seten-
.,,,,I',' - i. d. JOHN NJ. LAWS, 4
clerk of the District Court of Dallas county
4. L. cooNBEs, Deputy. .''t at''a."