Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-06-05

Joseph II. Beamer. Plaintiff,
Iootle, Morris 4. Reed. and John r.
Murphy, Defendants.
| iphxn. John Doniphan. +. Z. Tootl-, Morris A.
| Reed, and John 4. Murphy, Defendants:
! You are hereby required to appear in an action
brought against you by the above naln plain
tif in the District Court OF the Fourth Judicial
Dstr,c of the state OF Idaho, in AID tor the ty
of Aiturns. and to answer the complaint filed
therein within ten days exclusive Of the day of
service) after the service OF; you Of this Summons
if served within this county or II served with
out this county but IN this district. hin twenty
| days; otttrw Sc. within fo;ty days or judgment
by default VII be taken against yOu according to
tn. prayer OF said CONF LIANT
The = III action ia brought to recover ,yment
this plaintiff. a,lt ging: That at all times men.
toned herein and III plaintiffs complaint you
were the owners OF the business known as the
Ca,nss No 2 Mine, and that James Doniphan
acted rs superintendent and general maj ager Of
said mining business. That prior to Dtcember
LIST. lsOn. defendants became indebted TO Harry
Wilson on account for work All labor and mate
rails done and furnished ana supplied defendants
ut their 'eqa.st. and that on December 1st Ii. o.
snid Wis II and def. nda"ts fixed the amount OF
said indt btedness at 1868 S. snd agreed pay the
same thin sixty days with iner.s st ut the ste of
y per cent. per month. and to secure payment OF
said sum defendants executed a writing obligatory
prior 10 bringing this action said wilson sold aud
assigned said claim to this plaintiff that defend
ants were on October Goth 1880, indebted to Harry
Wilson for work and labor a,.d supplies done, per
formt Il and furnished to defendants by said Will
son, III the sum OF $500; that defendant James
Doniphan delivered to said Wilson an order on
the First National Bank Of HALEY, for said S300 /;
TINT said order was presented At said bank and
pay neht refused, for the reason that defendants
nor James Donphah had 40 funds at said bank I;
that said claim was due October 10th, 1850 ant. 1t
was sgr, ed 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 u.s.
signed said calm 70 this plaintiff. That on Feb.
runry I'd. 1891, defendants weit il bted to plain
tif by bal nee on account as per bill rendered III
the sum OF IS 40; that the same wns then due and
unpaid. That On November 10Th, 1880, defendants
We're indebted 20 Louis Rooney for work, labor
and mate RI Ia done, performed and furnished. in
the sum OF $3.50: That on said tate snid account
was allowed Nj Il defendants executed and deliv.
cred to snid Rooney IN oruer on First National
Bank Of HALEY for said sum: said claim was to
bcar interest truM sud date: that pare Of said
claim has bee paid; said K,oney sold and isncd
saiu claim to pla!ntH That January 9Th, IL. /,
defendants were indebted for work and labor. done
and performed hy John Cline, III the sum of
Sl3G U6; that SAID labor WAS performed IN 1880 and
said claim WIS due January 9th. 1871 that no part
OF said lain has been paid; that SAID John Cline
sold and assigned 81 d rlaint tins pialutiH ! hat
on Novembtr Is h. 1890. defendants were indebted
to g. Cline for work and labor done and performed
during 1850 in tie sum OF So; said sum set
tied nnd agreed upon. and All order given said q.
Cline Oh the First National Bank Of alley signed
by Jumt S Doniphan: the said claim was all due
prior to Now Mbcr 10Th, 1880 and no part thereof
has Dec; paid; that sale claim prior to Feb.
ruary "a, lS9l, sod and GasIgLcd to this plaintiff
That on december LIST, 1>!0, defendants were in
detted to one j. $. keasul on an account then set
tied, fixed and allowed i'll the sum Of 50. and an
| order tiveu IL the First National Bunk Of tailey
and signed by James uuni phan; that said claim
was cue Oh December LIST. 1880; that no part
thereof has been paid: that said writing WAS pre-
seuted to said bank for nay III. Mt and pay melt
fused on account Ct their having 10 funds belong
| ing 70 he dcfeLdGhts; said claim FehI,
airy I'd. 1891, 1t Id and assigned t. this plaintiff
| That on ucto Der 18th 1890, defendants were in
dehted to +. r. Peck, on account that day S, t.
tied hnd liked in the sum Of 400 that defendants
delivered to said Pee ord r the FIRST Ma
tional Bank uf Haley, signed by Jam. Donil han
thHt said order WINS presented to said bank and the
bank refused payments; that said claim due
and no part Thereof pald; tn said :. + Peck sold
| and assigned his SAID claim TO this plaintiff. That
uetehrnhts in tie Year 1850 bc"ame indebted 10
the fcllo wing persons in the followin- sums, AND
gave each OF them orders On the First National
Bank OF HALEY. signed by James Duniphsn, TO-
wit: Mrs e. Cline, so; Fred. Nensc. $40; l. n.
McLe,d d, So 55: J. NJ. Richardson. S25 o.; that
each OF these orders wer. given to cuv,r ciall,s
justly due, fixed and "gre, upon; that no part of
any Of said CLAIMS has been pald and that prior
to bringing III - seton all Of said claims sold
md assigned t. une Geo. A. Mel. Cd. ina TINT on
February I'd, 1891. sad Mel ecu sold aud assigned
tn. same 10 this plaintiff. That on November lat,
ln!iO defendants were indebted to l.. N. Lisle un
an account then tiled and Fixed betwt en- them in
the sum " $50; that defendants deliver. d to said
Isle an Greer on the First National Bank Of
Haley signed 10y James Dom han fer said
amount; that said LIsle sold and assigned SAID
claim to John O'Erier: that ON November 18th
1880, cefendnnts il payment of an Indebtedness
due by them to Mrs. U. Cline. delivered TO said
Mrs. Il, Cline an order un the First Nationa, Bank
Of HALEY! signed by james Dom phan, III thu sum
OF SD; aid order wns duly sold and assigned to
John U Bri.n. That IN November .uth. 1850, the
defendants were il GeGten to Harry Wilson, for
work and labor done and performed for defend
EHl flak m, tl,ut A.,
ACTS delivered 10 said Wil7ou rs evidence Of said
calm All order On the First National Bank of
Halle, signed 10y James Donirhan for $40 that
said claim was duly assigned to John i3rien.
That on February LIST 1891, defendants W, re in
d.bted To John o'Brien On balance Of an account
for goods. wares aud nerch audise sold and deliv.
cTeu by sid O'Brien to defendants during the
year 1880 i'll the sum of SIT Is; that said account
VAS I'll due prior t" September LIST. 1850, ana that
no Mt tlerttf has been paid; that on February
I'd 1851 said O'lrien sold aud unsigned all Of his
snid claims to plairh; TINT part of said claims
have been paid. That on bee. mler ) ill., 1890,
defendants were ind,hted IL Peter Hollis. an
count fer work and lhhor, III the OF SlOO; that
dettn0aits delivered to Hollis an GREER on the
! FIRST National Bank OF HALEY, signtd by Jaines
Dom ihsN, III the sum of siCa that thereafter said
| Hollis assigned salt clhim to Harry Wilson, und
that afterwards on February I'd. 1877, said Wilson
sold ana rssib said clam to this paiutitl; that
! no phit thereof has been paid. That on January
3lst ls9l. defendants were inGeb-ed 10 Harry
Wilson, Ga an account tor work. labor and supplies
furnished by Wilson 10 defendants. in the sum Of
| has been paid; that on Februat. md, 1891. sai,!
Wilson ssigntd said claim to this plaintiff That
ON December ls:h lec0. defei daI.ts indt bte,
10 one Gree CiiEe. on IN account agreed upon. in
the SUM OF S.G1 20; that defendants delivered Il
Gid Cline three orLtrs on First National Bank OF
HALEY. signed by Iapits Ioniphsn. i'll the follow
ing sums, towit: SCa 80 SloG, 500; that said Mrs
Ii Cline IL the wife OF said Green Cline: that III.
said sutus are understood 10 be and are balances
due after former orders were paid; that on Decen
Der 18th. 1890. ell # said claims were past due
that Eonc 81 said claims nor any part thereof ex
celt - has been paid; that said ort tins.
were presented TO said bank and paym, mt refis.
that on February "a. 1881. said Green Cline SOLD
aud as>iSne; said orders or writings To tins plain
tn Tint On december 18th, ls.U, defendants
were indeb'e,, T. enc Il. l. Iii Ks account il
tie sum OF sos 50, stated and spreei upon al de
PENDANTS deliver to said Hicks order on the
FIRST National Bank OF HALEY for said sum, iGntt
by James Donirhan: that said Hicks assigned saiC
claim Ia j Fox: that on Februur! I'd 1881. said
j. Fox assigned id clam & this plaintiff
| that said wiring was presented to sad bank tol
| payineht ami the same Refused that 10 part OF
sand claim hss been paid except sa5 ON December