Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-21

tiff in the District Court of the Fourth Judicial
District OF the state Of Idaho in AID the County
of AIturas. and to answer the com elaint filed
therein within T. n days exclusive of the day of
servtce) alter the service you of this Summons
If served within this county; Ar, ii served with
out this county, but IN this district. wit hin twenty
days; Otherwise. within forty days or Judgment
ny defsult wal he taken against you according to
| the prayer OF said complaint.
| The ia action Ia brought to recover payment
OF certain sums of money due and owing by Won TO
this plaintiff. alleging: That at all times men.
toned herein and in plaintiffs complaint you
were the owners OF the blsint So known as the
Camss No Mine. and that James Doniphxn
| acted ~ superintendent and general manager of
said mining business That prior to December
LIST. 1890 defendants became indebted to one Harry
Wilson on til account foI work labor and mate.
fiais done ana furnished ana supplied defendants
at their eQu'st. and that on December LIST, 1880
said wis and deft ndants fixed the amount Of
said Indebtedness ~ 1868 g. and uRreed to nav the
same " thin sixty days with interest ut the ate of
y per cent. per month"; and to secure yment of
said sum defendants executed Il writing obligatory
| ana delivered the Same to said Wilson; that
prior 20 bringing this action said Wilson sold and
assigned said claim to this plaintiff that defend.
ants were on October goth 1880. indebted to Harry
wilson TOT work and labor AID supplies done, per.
formed and furnished to defendants by said vii.
SOD 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
payment refused. for the reason that defendants
| nor James DO nj phhn had funds at said bank:
that sand claim was due October luth. 1850, and 1t
was agrt Ell that snid claim should draw Interest
| Oar
SAID claim has been paid thai Wilson sold and as
signed said claim to this plaintiff. That on Feb.
runry ID 1881 defendants were iLdsbted to plain
TIN by bal nee on account M per bill rendered in
the sum of So 40; that the same was then due and
Il paid. That on November 26th 1890 defendants
were indebted 10 Louis Rooney for work, labor
and mater Ia done, performed and furnished, in
the sum OF 800: that said ate said account
was allowed snd defendants executed and deliv-
Bank of HALEY for said sum; said claim was to
bear interest from said date that no pare of SAID
claim has bee paid; said Rooney sold and igned
sale claim to plaintiff That January 9th, 1871
defendants were indebted for work and labor. done
| and performed by John Cline, in the sum of
1886 O6; that SAID labor WAS performed in $50 and
sad claim WAS due January yth. 1921 that no part
| OF said lain has been paid that said John cline
| sold and assigned sa clgint this plaintiff That
| on NoVemb 10 h, 1890 defendants were indeb ted
to It. Cline for work and labor done and pert formed
during 1880, IN the sum OF S35: said set
tied ana agreed upon and an order given said g.
Cline on the First National Bank of bailey, sign ed
| by James DoniphAn the said claim was ali due
prior to Move nber 18th 1890. and part there of
has been paid that saio claim was prior to Feb.
ruary I'd, 1891, sod and ASST to this plsntiu
| That ON December LIST, $50, defendants were in.
deeted to one J. >. Redsul account then set.
tied. fixed and allowed in the sum of Sj4 and an
order given the First National Bank Of h alley
and signed by James Uoniphan; that said claim |
thereof has been paid; that said writing was pre-.
scented to said bank tor mt and pay ment re.
fused on account CT their having funds belong
Ing to the dtfendants; said claim YVES on Febri- |
airy I'd. 1891, 81 Id and assigned t. this plaintiff
That GU october 2hth, 1890, defendants were in |
deoted to +. F Peck. on an account that day set
tled ana nXed In the sum Of Sl05; that defendants
delivered to said Pee ord r on the First Ma
tional Bank of HALEY. signed by James Donphan
that said order was presented to said bank and the
bank refused payment that said claim due
ard no part thereof paid; tn said +. + Peck sold
and assigned his sa'd claim to this plaintiff That
defendants in the year 1890 became indebted to
the following persons in the following sums and
gave each OF them orders on the First National
Bank of Haley, signed by James Doniphan. 70.
EYp6
Isle, $35; Mrs. NJ. b. Cline $G3 80; tarhart Il
Mcleod sl2 55; J. NJ. Richardson, 1875 90; that
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 ere sold
and assigned to one Geo. A. Mcleod, eno that on
February I'd, 1891, said Mel cod sold and assigned
the same to this plaintiff. That on November lst
1880. defendants were indebted to L. N Iisle an
nm account then settled and liked between tn m in
the sum of $50; that defendants delivered to said
lisle an order on the First National Bank of
amount; that said Lisle sold and assigned sait
claim to John O'Brien: that on November 18th
1870, deiendants ~ payment of All Indebtedness
due by them to Mrs. Ii. Cline. delivered to said
Mrs. q. Cline an order on the First National Bank
of HALEY, signed by James Donip hsn, IN the SUM
of So; aid order was duly sold and as.1pp.a 10
John O'Bri-n. That ON November 10th, 1850, the
defendants were il deGten to one Harry Wilson for
work and labor done and performed for defend.
ants delivered 10 suid Wilson IS evidence of said
c. aim an order Oh the Fitst National Bank of
Hai'e,. signed b, James Doniphnn for $40: that
said claim was duly assigned to John O'Brien.
That ON February lst, 1891, defendants were in
debted 10 John e'Brien on balance of an account
for goods. wares aud merchandise sold and aeliy
ereu by said OBrien to defendants during til.
year 1880 i'll the sum of fl77 Is; that said account
vas all due prior to September list 1880. ana that
no ls-t thereof has been paid; that on Febrl ary
I'd, 1891, said OBriea sod a.d assigned all of his
said claims to plaintiff that part of said claims
nave been paid. That ON December tn, 1880,
defendants were indebted to Pete Hollis on an ac
count for work and abor in the sum of 800: that
defendants delivered to Hollis order on the
FIRST National Bank of HALEY signed by James
Doniphau. in the sum of 500; TINT snid
Hollis assigned saih cain to Harry wilson and
that afterwards. on Februar! I'd. 1891, said Wilson
sold and assigned said clam to this plaintn; that
no part thereof has been paid. That on January
3lst, 1881, defendants We're indeb ed to Harry
Mllsen on an account for work labor and supplies
furnished by Wilson to defendants. in the sum of
Sif0 20; that tn. same is all due no rart thertf
has been paid; that on +. bruar! 2nd, 1891, said
Wilson assigned said claim to this plaintiff That
on December 18TH 1890 dcfe,dal is were ind. bted
to one Green Cline, on an account agreed upon in
the sum of 1907 30; that defendants delivered TO
; aid Cline three orlers on First National Bank OF
HALEY. signed by '.uts runiphan, III the fol How
ing sum to wit: $50 80, 500, $780, that said Mrs
= cline is the wlf. OF said Green Cline; that the
AID sums are understood to be and are balances
due after former orders were paid that on Decem
Der 18TH 1870 all # said claims were past due:
that none II SAID clsins nor amy part thereof ex
cept ~ has been paid that said orders or tings
were presented TO said bank and pay me nj refused
that on February I'd. 1921, said Green Cline sold
TIM That on December ltth, 1870. defendants
were indebted to one K. l. iii ks on an account in
the sum OF sos So stated and agreed upon and de.
tndants deliver, to said Hicks au order on the
First National Bank OF HALEY for said sum- signed ]
ny James Donip hsn: that said Hicks assigned said
cialin t. Z Fox; that on February I'd, 1881, said
Fox assigned sid clam t. this plaintiff. :
mat SAID writing was presented 10 said bank for
payment and the same refused that no part of !
ssid CLAIM has been paid except $a5 on December =
12a 1880 That January 3lst 1891, defendants
were indebted 10 J Brown, on hu accou4t for "
services as physician and surgeon dur ny the
ear e'n II the srin o; SJi: that said claim was due
November lst, ls.u; that no part # tn. same has
'seh paid; that on b'u.ry ID, 1891 said brown as
agned sald claim 10 this plaintiff. That ON Janu.
Try 1bih 1891, said defendants W. re indebted to
'eier weber, for horse. ,srriage and wagon hire
ma horse feed. in the sum IF 1854 81; that no
part OF sud claim bias been paid; that on Febru-
ny "a 1881, said Weber ASS gned said ella IN to
Ut piaintif. That defendants were on the I'd
lay OF February, 1891, indebt. d to the firm of
Weber sutherland. an account for livery =
iitr. use OF Teams, ages. wagons and horses.
the sum OF $20s ~: that the sare is all due and
10 part thereof has been paid: tn { on February
"a 1881 said Weber h Sutherland sold aud as
iened the said claim TO this plaintiff. All of
"hich more fully appears in pl.inhfY's comp sint