The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1873-09-06
FEMALE BEAUTY.

THE STATE OF TEXAS-To the Sheriff
i of Dallas county-Grpetingi You are
hereby commanded that you summons by
publication the California and Texas, Rail-
way Construction Company, who are nom
residents of the state of Texas, 10 be and APP
pear before the District Court of Dallas
county, to he holden in and for the county
of Dallas, at the Courthouse in the city and
county of Dallas, and state of Texas on the
first Monday in October, \. ID. 1873, then and
there to answer the petition of Walter l..
scott, filed in said court against the said Cal
ifornia and Texas Railway Construction
Company, and alleging in substance as fol-
lows to-wit: That heretofore, to-wit, on -
day Of November, \. ID. 1872, plaintiff and
defendant made and entered into q written
contract whereby plaintiff undertook and
promised TO haul and deliver to defendant,
on or by the - day OF January, \. ID. 1874, not
less tn an eight hundred tons Of hay, in bales
of two hlndrcd andiifiy pounds each, defend
mt agre ling to pay six dollars and fifty cents
per ton for all the hay SO baled and delivered;
HAT in pursuance of said contract, plaintiff
baled aud delivered to defendant eleven
hundred and eighty-three tons and seven
hundred and fifty pounds of hay, and that
defendant, through its agents, received and
accepted the Same, by means whereof de-
PENDANT became liable and promised to pay
for the hay baled, delivered and accepted as
aforesaid, making in the aggregate tho sum
of seven thousand sig hundred and ninety
one dollars and ninety cents. That said con-
tract is in thcspOssession Of defendant, and
notice is hereby given IL 10 produce the same
On The trial hereof, 10 be used rs evidence.
Plaintiff further shows that at the special
instance and request of defendant, he sold
and delivered to defendant certain articles Of
merchandise, and performed for him certain
work and labor, specified in the account at
tached TO said petition. whereby defendant
became liable and promised to pay plaintiff
the sum of money In said account specified,
amounting i'm the aggregate to two hundred
and eight dollars and forfy-two cents.
Plaintiff further shows that for the hay
bqlei, delivered and accepted as aforesaid,
defendant has made various partial pay
ments, as set forth i'm the bill of particulars
hereto attached, amounting in the aggregate
| to three thousand six hundred and eighty
eight dollars and forty-one cents. That ex-
/ cent as above admitted and allowed, defend
ant has not paid either Of said sums ofseven
/ thousand six hundred and ninety-one dol
| lars and ninety cents, and two hundred and
/ eight dollars and foriy-tvO cents, OF any part
: thereof, but 10 pay the same has hitherto re-
/ fused and siill refuses.
! Ttfa premises considered, plaintiff prays for
/ a writ Of attachment against the property OF
/ said defendant sufficient 20 pay his said
/ be cited TO appear and answer, and that
I plaintiff have judgment fOr The said sums OF
I money, less the credits Aforesaid, with inter-
I est thereon, for costs Of suit and general and
special relief.
! there before said court this writ, showing
how ypu have executed the same.
. Wiin-sss John N. Laws Clerk Of the Dis
trict Court Of Dallas county. Civ
81 en- under my hand and the seal OF
? SEAL said court ~ Office In the city
II t--l of Dallas this lth day Of setem-
JOHN N. LAWS
Clerk Of the District Court Of Dallas county
Az doarsrs, p-pu,y.