Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-16

Joseph H. Beamer. Plaintiff,
James Doniphan. John Doniphan. T. E.
Tootle, Morris A. Reed. and John T.
Murphy. Defendants.
The State of Idaho sends greeting to James DON
iphap. John DOM phan. 7. 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, uaIn d PLAIN
tiff IN the iii strict court of the Fourth Judicial
Bistrc OF the State of Idaho in AID tor the cou ~
OF Aituras. and to answer the complaint filed
therein within ttn days exclusive OF the day OF
service} after the service on You Of this summons
If served within thus county or, II served with
out this county but IN this district viii twenty
days; oi1 erwise. within forty days. or judgment
by default vii be taken against YOU according to
the prayer OF said complaint
The id action il brought to recover payment
of certain sums Of money due and owing by you to
this plaintiff, alleging: That at all TINS men
toned herein and i'll plaintiffs complaint you
were the owners OF the business known the
Canias No Mine, and that James Doniphan
acted MS superintendent and general manager Of
said mining business. That prior to December
LIST. 1890, defendants became indebted to Harry
Wilson an account for work an. labor and mate
rials done and furnished aud supplied defendants
at their request, and that on December 1st 1880
said Wilson ana defendants fixed the amount OF
said ndebtedness at 1868 3d. and agreed to pay the
same thin sixty days with interest ut the ste of
y per cent. per mouth. and to secure payment Of
said sum defendants executed a writing obligatory
and delivered the same to said Wilson: that
prior 10 bringing this action said Wilson sold and
igned said claim to this plaintiff; that defend
ants were ON October 20th 1880, indebted to Harry
Wilson for work and labor aud supplies DONE per-
formed and furnished to defendants by said Will
son, in the sum OF $500; that defendant James
Doniphan delivered to said Wilson an order on
the First National Bank Of HALEY, for said $500
that said order WAS presented ut said bank and
pay nent refused, for the reason that defendants
pur ,Jnues Donj phnn lind M funds at Eaid bnl k.
that said claim was due October 10Th, 1850, and it
was 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
signed said claim to this plaintiff That on Feb
ruary I'd. 1871, defendants were de bted to plain
tiff by balance account US per hill rendered in
the sum of So 40; that the same was then due and
unpaid. That on November 18th, 1890. defendants
were indebted 10 Louis Rooney for work. labor
| the sum Of 500; that on said ate said account
was allowed and defendants executed and deliv-
| cred 10 said Rooney IN order on First National
Bank OF HALEY for said sum- said claim vas to
bear interest from said date that no pars Of said
claim has beef paid; said Rooney sold and assigned
sAia claim to plaintiff That January 9th, 1891.
defendants were indebted for work and labor. done
| and performed by John Cline Ia the sum of
1886 06; that saId labor performed IN $50 and
said claim was due January sth, 1891; that part
of said claim has been paid; that said John Cline
sold and assigned "a claint this plaintiff. That
on Novembtr Is h, 1890. de Iendants were indebted
to Il. Cline Tor work and La Dor done and performed
during 1890, in the sum OF $35; said sum set
| tied and agreed upon. and an order given said q.
Cline Oh the First National Bank of alley, signed
by James Donipha the said claim was all due
prior to Nov. mber 10Th, 1880, and part thereo of
has been paid; that saio claim was prior to Feb
rusry I'd. 1891. sold and assigned to this paintir.
That December LIST, l>SO, defendants were in
detted to one }. y. keasul on account then set
tied, fixed and allowed in the sum OF S54, and an
| order given n the First National Bank of tailey
| and signed by James Doniphan; that said claim
due December LIST. 1850; that no part
thereof has been paid; that said writing pre-.
tied TO said bank for uaS ment and pay ment re-
fused on account CT their having no funds belong
ing to The defendants; said claim WAS Febru-
AIRY 3D. 1891, g. Id and assigned to this plaintiff.
That on october 25th 1890, defendants were in
debted to +. +. Peck, on account that day set
tied and fixed in the sum of $l05; that defendants
delivered to said Pecn an ord on the First Ma
| tional Bank of HALEY, signed by James Doniphan
that said order was presented to said bank and the
bank refused payment; that said claim was due
and no part thereof paid tn said + + Peck sold
and assigned his SAID claim to this plaintiff. That
defend ants in the year 1890 bee anne indebted to
the following persons in the following sums unG
gave each OF them orders on the First National
Bank OF HALEY, signed by James Doniphan, to
lisle, $35; Mrs. M B. Cline, 500 80; kHrhart l.
Mcleod, il2 SIS; J. NJ. Richardson, S25 co; that
each OF these orders were given to cover clail, :
justly due, fixed and agreed upon that no part of
| any OF said claims has been paid and that prior
TO bringing this action all of said claims sold
| and assigned to one Geo. A. Mcleod ana that on
February I'd, 1891, said Mcleod sold and assigned
the same to this plaintiff. That on November LIST,
| 1870 defendants were indebted to l.. N Lisle on
account then settled and liked betwe them, in
the sum OF $50; that defendants delivered to said
Isle an order on the First National Bank of
Harley signed by James Doniphan for said
| amount; that said Lisle sold and assigned said
claim to John O'Brien; that on November 18th,
| 1890. defendants iii payment of al Indebtedness
due by them to Mrs. u. Cline. delivered TO said
Mrs. Il. Cline an order on the First National Bank
| of HALEY, signed by James Complain in the sum
| of $lo said order duly sold and assigned to
| John oBrien. That on November 2oth, 1890, the
| defendants were ihdehtea to one Harry Wilson, for
work and labor done and performed for defend
ants by said Wilson, in the sum of s40 that defend
ants delivered TO snid Wilson as evidence of said
cnlm 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
That on February LIST, 1891, defendants were in
debted 10 John . 'Bren on balance of an accoun
for goods. wares and merchandise sold and deliv
tItu by said O'Bricn TO defendants during til,
year 1880, in the sum of SIT Is; that said aceoun
Vas all due prlHr t. September lst, 1870, ana Tim
no part Thereof hts been pad that on Februar,
I'd, 1871, said O'Brien sold ard assigned I'll of hi
said claims TO plaiuti; that no part OF said claim
have been paid. That on December tn, 1890
pendants were indebted to Peter Hollis on an nc
count for work and abor in the sum of Slo0; tina
dete ntiants delivered to Hollis order til
First National Bank OF HALEY, signed by Jane
Doniphan, in the sum of 500; that therestter sal
Hollis assigned said claim to Harry Wilson, an
that afterwards. on February I'd. 1891, said Wilso
sold ana sssih ned said claim to this plaintiff tina
no pant thereof has been paid. That on Januar
3lst, 1891. defendants were indebted to Iarr
|
furnished by Wilson to defendants. in the sum {
s4Go 90 That the same Is all due and rart there
has been paid that on F.bruar! End, 1891. sal
Wilson assigned said claim to this plaintiff TIL,
on December 18th, 1890. defendants We're inGebte
to one Green Cline. on an account agreed upon. i
the sum of S267 80; that defendants delivered
aid Cline three ord.rs on First National Bank
Haley, signed by James Eoniphan in the follow
ing sums to- wit 500 80, SlpO, $l00; that said Mr.
Il Cline is the wife OF said Green Cline that II
aid sums are unders TODD to be and are balanc.
due after former orders We're paid; that ON Deceu
her 18TH. 1880 all # said claims We're past du
that none Of said claiius nor any part thereof e
ctrt 50 has been paid; that said orders wrtin.
were presented to said bank and payment refuse,
that on February ID. 1891, snid Green Cline SO
and assigned SAID orders writings TO this plat
TIM That on December 10Th, 1870, defendan
s were indebted to one X. l. til ks on an account
the sum OF S65 so. stated and agreed upon, ard d
PENDANTS de liver, to said Hicks order on II
FIRST National Bank of HALEY for said sum. sign,
by James Deniphan: that said Hicks assigned sa
claim To j. Z Fox; that on February 3D. 1881 sd
J. Fox assigned said CLAIM t. this plaint
d that said writing was presented to said bank f
|. payment and the same refused. that no part