The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-09-11
.HE STATE OF TEXAS.
County OF Travis.

county OF Travis
To the sheriff or any constable Of said county greetings
Whereas, NJ. Erich, a resident citizen OF the State
OF Kentucky county Of Jefferson and city Of Louis
vile, has fled his petition in the District Count Of
G. Randall, the former a citizen Of the county Of
Travis and State OF Texas and the latter, who form
resident Of the States which fact OF non.resdence is
fully supported BY petitioners adaylt TO said petit
ton, through bis attorneys Of record, Messrs Walton
4 Green, alleging in substance follows:
That defendants are indebted 70 petitioner In the
sum OF four hundred and eight dollars and Eeyentyve
cents with legal rates OF interest since the twenty
seventh Of July, A. D. 1872, and that said liability was
Se % Hps o Sat a nsas and
further indebted to petitioner in the just and fun sum
Of four hundred and thirteen dollars and scyentyeght
cents with interest az loyal rates since the twenty
third day Of September A. D. 1871 and that said IN
debedness was contracted BY defendants under their
firm Of NJ Erich & Co (of which your petitioner was
at the time Of such contracted Indebtedness copart-
bill of exchange on defendants under their said firm
name and style Of Nilschke Randall for the Of
four hundred and ten dollars and three cents, six
months after the date thereof which said bill Of ex-
change was by said defendants under their firm name,
aforesaid duly accepted By fhe By endorsing said
firm across the face thereof; thar on or about
the twenty fourth day Of June, 1872 the said firm Of
Erich Co., made and drew their certain other bin Of
exchange the said defendants under their then firm
name and style OF g. i. Ntschke q Co. for the OF
four hundred and five dollars payable thirty days after
the date thereof which said second BIN was teDt IN,
defendants under their then firm Of C. i. Nifschke u
Co. on the presentation thereof by endorsing said firm
said several accepances and endorsements Of said bills
OF exchange by said defendants for the amounts re-
cited and under and through said several lriu
aforesaid, said defendants became liable undertook
and promised pay your petitioner the there
Of. but which they have failed and refused and etii
fail and refuse to do though often requested 20 the
damage Of your petitioner, foWit: In the Of one
thousand dollars and petitioner alleges that the several
firms Of e,itschke & Randall and SC l. Nlfschke &
Co, were virtually the and composed Of the
copartners, and that said change wac conceived in
fraud and with the fraudulent intent 20 defraud your
petitioner and other creditors Of said firms Petitioner
further alleges that the arm u II. Erich Co.. y now
dissolved and that he succeeded by the tenor o. said
dissolution 70 all the assets Of said firm by regular en-
dorsement IN blink; byreas0n Of which he d the
legal owner and holder 81 said bills Of exchange and
entitled 70 therefor. Wherefore be prays iuGg-
ment fqr his said debt expense q protest, iuicrcst
costs 81 suit, damage by dcay aud other general and
special relief, BY attachment Of property, etc.
You therefore, commanded 70 summon the said
A. q. Randall By publication Of this wit IN the
Democratic StdtesSqoH a weekly newspaper published
In the city Of Austin for four consecutive weeks PRIOR
20 the return day thereof 70 be and appear before the
honorable District Court Of Travis county on the frat
Monday Of October A. D. 1873, then and there % an
Ewer this pefiiion and show cause, n any he have
why judgment should not be had against him. Herein
fail not but Of this writ and yonr service thereon make
due return o. The law directs.
Witness my hand and the seal Of said Difrict Court
a Office II The city q Austin august Il, 1913.
by n s. DUNs. Deputy.
Received August ri ls1s and ordered 10 be pub
iished IN DlDsocrqiic SkafsaQ4 for four successive
weeks. GEo. ,. ZIMPELMAN,
Sheriff d Travis county.
Nv Iorrv georFa nnunfv nn1f ut