Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-15

| "S"~RAA a. DeeAAels AaAAtnp
James Doniphsn. John Doniphsn. T. E.
Iootle' Morris A. Reed. aud John T.
murphy, Defendants.
The State Of Idaho sends greeting to James Don.
iphaD, John Doniphan. 4. +. Tootle, Morris A.
Reed, and John I. Murphy, Defendants:
You are hereby required to appear in an action
brought against you by the above-uan plain
tiff in the District Court of the Fourth Judicial
District OF the State Of daho in AID for the county
of AIturas and to answer the com slaint filed
| therein within ten days exclusive of the day of
service) after the service on you of this Summons
If served within this county; or, II served with
days; otherwise. within forty days or judgment
by default viii be taken against you according to
the prayer of said complaint.
The y id action Ia brought to recover naymen Mt
OF certain sums of money due and owing by Won to
this plaintiff, alleging: That ut all times men,
toned herein and in plaintiffs complaint you
were the owners OF the business known as the
CAmas NO Mine, and that James Doniphan
acted Ms superintendent and general manager of
said mining business. That prior to Deceln Der
lst 1890. defendants became indebted to one Harry
Wilson on an account TO, work ant labor and mate
rails done and furnished and supp ied def endants
at their request, and that on December lst 1870
said Wilson and defendants fixed the amount OF
said Indebtedness at 1868 S. and agreed pay the
same thin sixty days with interest at the ste of
Il per cent. per month, and to secure payment Of
said sum defendants executed a writing obligatory
and delivered the same to said Wilson: that
prior TO bringing this action said Wilson sold and
assigned said lain to this plaintiff. that def md
ants were ON October Goth 1890, indebted to Harry
Wilson for work and labor and supplies done, per-
formed and furnished to defendants by said Will
son. III the sum OF $500; that defendant James
Doniphan delivered to said Wilson order on
the First National Bank of HALEY, for said $500:
that said order was presented ut said bank and
payment refused, for the reason that defendants
nor james Doniphsn had no funds ut said bank !;
that said claim was due October 10th, 1880 and it
vas agreed that said claim should draw interest
ut per month from said date; that no part of
said claim has been paid; tina, Wilson sold and az.
signed said claim to this plaintiff. That on Feb
ruary 3D. 1881, defendants ind. bted to plain
tiff by balance account as per bill rendered in
the sum OF $8 40; that the same then due and
unpaid. That on November Goth, 1890, defendants
were indebted TO Louis Rooney for work. labor
and mate ri Is done performed and furnished, in
the sum OF 500; that on said tate said account
was allowed aud defendants executed and deliv-
cred to said Rooney an order First National
Bank Of HALEY for said sum; said claim as to
bear interest from said date; that no part of SAID
clam has bee. paid; said Rooney sold and ass gned
sAiu claim to plaintiff That January 9Th. 1851.
and performed BY John Cline, in the sum of
$l3C 0G; that SAID labor performed i'll 1850 and
said claim was due January 9TH 1871; that no part
Of said claim has been paid; that said John Cline
sold and assigned sa claim t. this plaintiff That
on Novembt r 10 h, 1890. defendants were indebted
to IT, Cline for work and labor done and pert ormed
during 1890 i'll the sum OF S35 said sum was set
tied and agreed upon. aud an order given said q.
Cline on the First National Bank of alley signed
by James D"niphan; the said claim WAS all due
prior to November 18th, $780, and no part there of
has been paid: that saio claim was prior to Feb
ruary I'd, 1891, sold and gned to this plaintiff
That on December LIST, 1850, defendants were in
de1ted to one j. s. Redsul account then set
tied, fixed and allowed i'll the sum of $54. and an
order given IN the First National Bank of HALEY
and sisn.d by James Doniphan. that said claim
was due on December LIST, 1890; that no part
thereof has been paid; that said writing was pre-
scented to said bank for hay uent and payment re.
fused on account CT their having funds belong
a 10 ~ TO- ,J,t,
airy I'd, 1891 81 Id and assigned to this plaintiff
That on October 25th, 1880 defendants were in.
debted to +. f. Peck, on All account that day set
tied and fixed in the sum of SlO5; that defendants
delivered to said Pech ord, on the First Ma
tional Bnnk of HALEY, signed by James Doniphun;
that said order was presented to said bank and the
BANK refused payment; that said claim was due
ana no part thereof paid; tn t said +. Peck sold
and assigned his said claim to this plaintiff That
defendhnts in the year 1890 became indebted TO
the following persons in the following sums, sne
gave each OF them orders On the First National
i bank OF HALEY signed by James Doniphan.
W.T.; Mrs; G. Cline, $50; Fred. Nease, slo; l.. N.
ilsle, *3o: Mrs. NJ. b. Cline, 500 so; Earhart 4
Mcleod, III %: j. NJ Richardson. s25 GO; that
rach OF these orders were given to cover ciai,.
Justly Que, hXed and aerfti npon; that 10 part of
an! OF said claims has been paid, and that prior
to bringing this action all Of said claims were sold
and assigned to one Geo A. Mcleod, rna tn n. o,,
FEBRUARY "a 1891 said Mcleod sold and assigned
The same to this plaintiff That on November LIST. |
1870. defendants were indebted to l.. n Lisle on
IN account then settled and fixed between them in
The sum OF $50; that defendants delivered to said
isle an order on the First National Bank of
Haley. signed by James Doniphan for said |
amount; that said Lise sold and assigned said
lain to John O'Brien; that on November lath,
$40, defendants III payment of an Indebtedness
iue by them TO Mrs. u. Cline, delivered to said /
Mrs. Il. Cline an order on the First National Bunk
u HALEY, signed by James Doniphan, in the sum |
d slo; said order was duly sold and assigned to |
lohn o'Brien. That on November GOTH 1870 the |
defendants We're iIdebtea to one Harry Wilson for |
WORK and labor done and performed for defend. |
u N thA
ants delivered to suid Wilson MS evidence of said
:. aim an order on the First National Bank of |
HALEY. signed by james Doniphan for $40: that
said claim was duly assigned to John o'Brien |
nat on February lat, 1syl defendants were in
debted 10 John u Brien ON balance of an account |
for goods, wares and merch audise sold and deliy
ereu by said O'Brien to defendants durng the !
year $50 in the sum of S77 90; that said account
was all due prior to September lst 1890 and that
no part thereof has been paid; that on February
I'd 1871 said o. Brlen sold and assigned all of his
said claims to plaintiff that no part of said claims
have been paid. That on December 81 tn, 1890
defendants We're indebted to Peter Hollis on an ac.
count for work and labor, in the sum of $780, that
defendants delivered to Hollis an order on the
FIRST National Bank et Haley, signed by James
Doniphan. in the sum of $780, that thereafter said
Hollis assigned sails claim 10 Harry Wilson and
that afterwards on February I'd. 1891 said Wilson
sold and assient d said claim to this PLANTING that
no part thereof has been paid. That ON January
3lst, 1891, defendants were indebted to Harry
Wilson, on an account for work, labor and supplies
furnished by Wilson TO defendants, in the sum of
Si6o 10 TINT thu same is all due and rart theref
has been paid; that on February end, 1891 said
Wilson assigned said claim to this pluintiff That
on December 18th 1880, defendants were indie b,ed
to one Green Cline, on an account agreed upon in
the sum of S267 80; that defendants delivered TO
: aid Cline three oratrs First National Bank OF
HALEY, signed by James poniphan in the follow
ing sums, towit: 500 80 800. 500; that said Mrs
u Cline is the wife OF said Green Cline. TINT the
aid sums are under TODD to be and are balances
due after former orders We're paid; that on Dece,n.
Der 18th. 1890 all If said claims were past due.
that none Of said claims nor any part thereof ex
cept - has been paid that said orders or writings
were presented TO said bank and payment refused;
that on February I'd, 1891, said Green Cline sold
and assigned said orders writings to this plain
TIN. That on December 10Th 1870, defendants
were indebted TO one r. l. Hi ks on An account in
the sum OF S65 so. stated and agreed upon, and De.
I. ndanh deliver d to said Hicks an order on the
First National Bank of HALEY for said sum- signed
by James Doniphan: that said Hicks assigned said
claim TO j. Y. Fox: that on February I'd 1891 said
J. Z Eek assigned said claim to this plaintiff.
tbat said writing was presented to said bank for
payment and the same refused that part of
said claim has been paid except SIS on bee. mher
I'D, 1880 That n January 3lst. 1891, defendants
We're indebted To n J Brown. on an account for
services as physician and surgeon during the
year 500 III the of sos: that said claim was dne
November LIST, 1880; that no part Of the same has
been paid; that on brusry ID sajS Brown