Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-11

Murphy, d, fendaAts-
The State of dAho sends greeting to James DON
iphan. John Doniphnn. 4. f. rootir. Morris A.
Reed, and John 4. Murphy, Defendants:
You are hereby required to appear in an action |
brought against you by the above nnm plain
tiff in the District Court of tie Fourth Judicial /
District OF the state Of Idaho, in AID tor the equity
of Alturns. ard 70 answer the com plant filed |
therein within ten days exclusive of the day of |
service) after the service you of this Summons
out this county but this district viii hin wenty
DAYS; otherwise. within forty days or Judgment
by default viii he taken against you according to |
the prayer OF said nplaint.
The III action ia brought to recover payment |
this plaintiff. alleging: That at all times men,
toned herein and in plaintiffs complaint you |
were the owners ,1, OF the business known as the
acted as superintendent and general manager of
said mining business That prior to December
lst $780, defendants became indebted to one Harry
Wilson account for work labor and mate |
rails done and furnished aud supplied defendants
at their equ+st, and that December LIST, 1890.
said Wilsvn and defendants fixed the amount of
said Indebtedness at 1868 IS, and agreed to pay the
same thin sixty days with interest at the ste OF
4 per cent. per month. and to payment of
said sum defendants executed writing obligatory
and delivered the same to said Wilson; that
prior to bringing this action said Wilson sold and
assigned said claim to this plaintiff; that defend
ants October goth. 1890, indebted to Harry
Wilson for work and labor ard supplies done, per-
formed and furnished to defendants by said Will
son, in the sum OF $500; that defendant James
the First National Bank Of Haley, for said $500;
| that said order was presented ut said bank and
pay ment refused for the reason that defendants
| nor James Doniphan had no funds ut said bank
that said claim was due October 10th, 1880, and it
WAS agreed that said claim should draw interest
ut per month from snid date; that no part Of
said claim has been paid; thai Wilson sold and g.
signed said claim to this plaintiff That on Feb
ruAry I'd, 1891, defendants were ind bted to plain
tiff by balance account per bill rendered in
the sum of So 40; that the same then due and
| IL paid. That on November 10Th, 1890, defendants
indebted TO Louis Rooney for work. labor
and nateri Is done, performed and furnished in
| the SUI OF 500: that on said tnte said account
was allowed and defendants executed and deliv-
cred to said Rooney an order on First National
Bank of HALEY for said sum; said claim TO
bear interest from SAID date; that part of SAID
claim has been paid said Rooney sold and ass ,ned
said claim to plaintiff THAT January 9th. 1851.
defendants We're indebted for work and labor. done
| and performed by John Cline i'll the sum of
1886 OF; that SAID labor performed III 1890 and
OF said claim has been pnid; that said John Cline
sold and assigned sa claim this plaintiff. That
on Neyembr Is h, 1890. defendants were indebted
to q. Cline for work and labor done and performed
during 1890, in the sum OF $50; said sum was set
tied and agreed upon. and an order given said G
Cline on the First National Bank of alley, signed
by James Donphan the said claim was all due
prior to Nov. mber 18th, 1890, and part thereof
| has been paid that sale claim prior to Feb
ruary I'd, 1891, sold and assigned to this plaintiff
That on December lst 1A.0, defendants were in
| tied fixed and allowed in the of So. and an
| order given the First National Bank of HALEY
and signed by James DOM han: that said claim
WAS due on December LIST, 1880: that no part
thereof has been paid; that said writing was pre-
sented to said bank for na,ment and payment re-
| fused account CT their having no funds belong
ing to the defendants; said claim was on Febru-
| airy ID 1884, s., Id and assigned to this plaintiff
| That on october 25th, 1890, defendants were in
debted to F. r. Peck. on an account that day set
tied and ixed in the sum of S1o5; that defendants
delivered to said Pee an ord on the FIRST Ma
tional Bank of HALEY. signed by James Doniphan
thar said order was presented to said bank and the
| bank refused payment; that snst claim was due
and no part thereof paid tn said t Peck sold
and assigned his said claim to this plaintiff. That
defendants in the year 1880 became indebted to
the following persons in the following sums. anG
gave each of them orders on the First National
Bank of Haley, signed by James Doniphan, to-
Isle, sa5: Mrs. NJ b. Cline s63 so; Esrhart 4
Mcleod, Sl2 SIS; J. NJ. Richardson, s25 Oo; that
each OF these orders were given to cover claims
justly due, fixed and agreed upon that no part of
any of said claims has been paid, and that prior
to bringing III action all of said claims sold
February I'd, 1891, said Mcleod sold aud assigned
the same to this plaintiff That on November lst,
1880 defendants were indebted to l.. N Isle, on
an account then settled and hxed between them, in
the sum OF $50; that defendants delivered to said
Isle an oreer on the First National Bank of
Haley, signed by James Doniphan for said
amount: that said Lisle sold and assigned said
claim to John oBrien; that on November 18th.
1-9l defendants III payment of an Indebtedness
d by them to Mrs. u. Cline. delivered to said
Mrs q. Cline order on the First National Bank
of HALEY, signed by James Doniphan, the sum
of SO; said order duly sold and asslgEod to
John O'Bren. That on November 10th, lse0 the
detendants were il bted to one arry Wilson for
work and labor done und performed for defend
by said Wilson, in the sum OF $40: that defend.
ants delivered 10 said Wilson IS evidence of said
c aim order on the First National Bank of
Halle, signed by James Doniphan for $40: that
said claim was duly assigned to John o'Brien.
| That on February LIST, 1891, defendants we're in
| aebtad 70 John 1Rrien on balance of account
| for goods. wares aud merchandise sold and deliv-
year 1890, i'll the sum of SLIT 6s that said account
vas all due prior to September lst. 1890, and that
no pa-t thereof has been pad; that on February
I'd, 1891 said o'Brien sold aud assigned all of his
said claims TO plaintiff that no part OF said claims
have been paid, That on Dec mher tn, 1870.
defendants We're indebted IA Peter Hollis, on an ac
count for work and iabor in the sum of S.OG; that
defendants delivered to Hollis order the
FIRST National Rank of HALEY, signed by James
iphan in the sum of Sloo that the renfter said
Hollis assigned said claim TO Harry Wilson, and
that afterwards on February I'd. 1881, said Wilson
sold assigned said claim to this plantin; that
no part thereof has been paid. That on January
3lst 1891, defendants were indebted to Harry
Wilson account for work, lnbor and supple s
furnished by Wilson to defendants, in the sum of
Sido 20 that tht il all due and no Fart ther.
has been paid; that on February End, 1891. said
Wilson assigned said claim to this plaintiff That
en- December 18th, le9o, defendants were indebted
the of s267 80; that defendants delivered to
aid Cline three orders on First National Bank OF
HALEY, signed by lanes Honiphan. in tine follow
ing sums, to wit: $50 so. Sl01 $780, that said Mrs
G. Cline il the wife of said Green Cline; that the
aid sums understood to be and are balances
due after former orders We're paid; that on Decem
Der 18TH 1880 all II said claims were past due
that none of said claims nor any part thereof ex
cept - has been paid; that said orders writings
were presented to said bank and pay mt refused
that on February ID 1891 said Green Cline sole
and assigned said orders writings to this plain
tiff That on December 10Th, 1870. defendan;s
|, indebted to one Il. l. iii ks on an account II
the of sos SO, stated and agreed upon, and de
f.ndants deliver, d to said Hicks ao order on thu
First National Bank of HALEY for said sum, signed
by James Doni phan: that said Hicks assigned sais
claim to j. C. Eek; that on February I'd, lss1. sale
j. G Fox assigned said claim to this plaintiff
4 that said writing was presented tn said bank fol
payment and the same refused that no part %
said claim has been paid except Sa5 on Decemhe
22d, 1870. That January 3lst, 1891. defendant
were indebted 10 n Brown on au account TO
services as physician and surgeon during tn
year 1870 til. OF sos: til SAID clsiIn dt
: November ist ls.t; TINT no pnri If the same ha
been paid that on bfuhry -, 1891 said Brown as
signed said claim TO this plaintiff. That on Janu
nry 9th 1891. said defendants were indebted +
!, Peter Weber. for horse. carriage and wagon hir
4 Apt, hors. feed. IN the Of 1854 80; that IL
h part of said claim has been psid: that on Febtn
t ary ID. 1881. said Weber ass gned said clal I