The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-08-28

OO4AAI Va AA0NA-s1. :. sl.-f o. /
To the sheriff or any constable Of said county greeting:
Of Kentucky county 81 Jeffefson and City Of Louis
Vile, has fled his petition In the District Court OF
Travis county, complaining Ofc, l. Nitsehke and A.
g. Randall the former citizen. OF the county Of
Travis and State OF Texas and the latter who form
resident Of the State; which fact Of non.Fesdence 10
fully supported by petitioners affidavit to said petit
q Green SileGjna in instance A. follow. ~
That defendants are indebted TO petitioner In the
sum Of four hundred and eight dollars and
seventh Of July A. D. 1s72 and that said liability was
incurred BY defendants under their flfIn name and
further indebted TO petitioner In the Just and fn sum
OF four hundred and thirteen dollars and seventyegt
third day Of september, a D. is75 ana thai said In
debtedness was cQntractedby defendants nnder their
arm of e Eqeb 81 10y yoSr as ss
the time Of such contracted Indebtedness aeopaf
bill OF exchange on defendants under their said firm
name and Of Nitschke Iandan, for the sum Of
four hundred and ten dollars and three cents, six
months after the date thereof; which said BIN q ex-
change vas by said defend ante their urn name
Iln name across Eis lace shdfe5fi fhaE Ga 81 About
the twenty fourth day Of june 1874 the said fra o ~
excharse on the i niIer their then nm
and style Of G. L. Niechke Co.. for the sun OF
tSsG s asnaS ereo ana ss S s siis y
defendants under their than arm Of O. L. Nitschlge &
name ga ACROSS tie faceo t6e aid 4 BY feasoh 81 which
said several accepaces and endorsements Of said bills
OF exchange by sd dcfendants Tor the amounts re-
cited and under and thrOu said several Am names %
Aforesaid, said defendants became liable, undertook
and promised 70 pay your petitioner the amounts there
o. but which they have failed and refused aud still
fail and refuse TO do, though often requested, 70 the
damage OF Yonr petitioner, toit: in the OF one
thousand doafs and petitioner alleges that the several
firms OF '.fitschke s. 1aandal1 and "a Nitschke q
Co. were virtually the same and composed Of the same
copartners, and that said change was conceived in
fraud and with the fraudulent intent TO deffaud your
petitioner and other creditors Of said firms. Petitioner
further alleges that the firm Of NJ EiFch q Co., 1s now
dissolved and that he succeeded By the tenor uf said
dissolution TO oil the assets Of said firm BY regular
dofsement in blank; By reason Of which be is now The
legal and holder OF fald bills o. exchange and
entitled 10 sue fherefor. Wherefore nc pays jndg-
for his said debt expense Of protest. Interest,
costs Of suit damage By delay and other general and
special relief by attaehInent Of property, etc.
You are therefore, commanded 20 summon the said
IT. g. Randall by publication OF this writ In the
Democratic Stdtesusdn, weekly newspaper published
in the city OF AUSTIN fOr four consecutive weeks prior
70 the return day thereof 20 be and appear before the
honorable Dlsriet Court Of Travis county, The first
Monday Of October A. D., 1873 then and there ~
why judgment should not be had against biiu. Herein
fail not but Of this writ and your service thereof make
due retupI sthe law directs.og1.i 5tQxl fgs o1g
Witness my hand and the seal Of said District Co1rt
Hf Office ia the city Of Anstin, August n, l61.f
81 IL 81 A. II. IOlfItES, Clerk. r.
BY N. s. Dunn, Deputy. u ca
Received August 4, 1873 and ordered 70 be pub
iished In DeM6cTutic Statesman for four successive
weeks. GEO. d. zIARELMANs
BY JomE F. Stokes, Deputy au2l VT
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