Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-20

Joseph H. Beamer Plaintiff,
James Doniphsn, John Doniphsn. T. f.
Iootle. Morris A Reed, and John +.
Murphy, Defendants.
The State Of Idaho sends greeting to James Don.
iphan, John Doniphsn r. E. 'rootl- Mo,ris
Reed, and John I. Murphy, Defendants:
Yen are hereby required to appear in an action
brought against you by the above Lam. d plain.
tin IN the District Court of the Fourth Judicial
Distrlc OF the state Of aEo in AID tor the con ~
OF Aituras. and to answer the coms PLANT filed
therein within I. n days (exc,usive of the day of
servic-) after the service OK you of this Summons
out this count! but this district wi, ain twenty
days; Otherwise. within forty days or Judgment
by default vii he taken against Won according to
the prayer OF said complaint
The 3 ID action liz brought to recover payment
Of certain sums OF money due and owing by you TO
this plaintiff. alleging: That at all times men.
TONED herein and iu plaintiffs complaint You
were the owners OF the business known NJ the
Canss No Mine, aud that Js,ues Doniphan
acted rs superintendent and general manager of
said mining business That prior to December
lst 1890. defendants became indebted TO one Harry
wilson on an account for work an labor snd mate.
rails done and furnished aud supplied aeiendxnts
ut their eQu. st. and that on December lst 1s!O
said wills u snd defendants fixed the amount Of
said indebtedness IT 1868 85 and agreed pay the
same thin sixty days with interest at the ste Of
= per cent. per mouth. and T. secure payment Of
said SUM defendants executed writing obligatory
ana delivered the same to said Wilson; that
prior o bringing this action said Wilson sold and
assigned said claim to this plaintiff; that defend.
arts were on October goth 1890 indebted to Il AIRY
wilson for work and labor a, d supplies done. per
formed and furnished to deiendsn by said vii.
son, IN the sum OF 1900; that defendant James
Doniphan delivered to said Wilson IN order on
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
n"r James Donjphsn had no funds ut said bank :;
that said claim was due October I,th 1850 and II
was sgr. ed that suid claim should draw interest
at per month from said date; that no y .rt of
said claim has been paid; tina. Wilson sold ana
signed said claim to this plaintiff. That on Feb.
ruary "a, 1891. defendants hdt bted to plain.
TIN by bal nee on account per bill rendered in
paid That on November 26th, 1880 defendants
were indebted 70 Louis Rooney for work labor
and mater Is done, performed and furnished. in
the sum OF 500: that on said cate said account
WINS allowed AID defcAuxnts executed and deliy.
cred to said Rooney an on First National
Bank Of HALEY for said sum; said claim was to
bear interest from said date; that pare of SAID
claim has bee paid; said Rooney sold and assigned
saiu claim to plaintiff That January 9th ISL
defendants were indebted for work and labor done
and performed by John Cline, IN the sum Of
1886 OF; that sad labo, performed il 1880 and
said claim was due January 9TH. 1871 that no part
Of said lain has been paid that said John Chne
sold ana assigned sa claint this plaintiff. That
on Novenlb, Is h, 1890. defendants were indebted
to g. Cline for work and labor done and performed
during $780, in the sum OF <35; said sum was set
tied ana agreed upon and an order given said q.
Cline Oh the First National Bank Of alley signed
by James Don'phan the said claim was all due
prior to Move Der 18TH 1890 and no pnrt there of
has been paid; that sale claim was prior to Feb.
luary I'd, 1891, sold aid assigned to this pnintin
That ON december 1st l>!O, defenuants were in
de bted to one ). keasuli all mt then set.
tied, fixed and allowed in the sum OF $54 and an
order given II the First National Bank Of haley
AID signed by James niphan; that said claim
was due on December lst 1880; that no part
thereof has been paid: that said writing was pre-
scented to said bank for u, III. mt and pus ment re.
fused ON account cf their having no funds belong.
0ffHndAhtR. aai els vvuo pv,E Al,r,,
AIRY ID. 1891. St Id and assigned to this plaintiff
Tint on october 25th, 1890, defendants were in.
de6ted to r. +. Peck, on Ill account that duy SIT
tied and fixed in the sum Of $685. that defendants
delivered to said Pee ord r on the First Ma
tionsl Bank Of HALEY. signed by james Doniphan;
that said order presel ted to said bank and the
bank refused payment; that said claim was due
ard no part thereof paid; tn said T. F Peck sold
and assigned his snd claim to this plaintiff. That
dcfenoA ants in the year 1880 be.amp indebted 10
the following persons in the following sums, and
gave each OF them orders the First National
wit: Mrs q. Cline. $50; Fred. Nense, Si0; L. N.
ISLE 1875: Mrs. NJ. b. Cline, 500 SO; Earhart
Mcl-e' d. Sl2 So; J. NJ. Richardson, s25 on; that
each OF these orders were given to cover clal. !
justly due, fixed and rgre.d upon that no part of
any OF said claims has been paid, and that prior
to bringing this action all of said claims sold
February I'd, 1891. said Mcleod sold aud assigned
the same to this plaintiff That on November Ist, |
1880 defendants were indebted to l.. N. Iisle, on |
an account then settled and hxed between them in
the sum OF $50; that defendants delivered to said
Lisle an on the First National Bank of |
haley, signed by James Doniphan for said
amount; that said Lisle sold and assigned said
claim to John O'Brieu; that on November 18TH
1880, defendants IN payment of an Indebtedness
due due by them to Mrs. IT, Cline. delivered to said
Mrs IT, Cline an order on the First National Bank
Of HALEY, signed by Jalles Doniphan, III the sum
OF slo; aid order WAS duly sold and assigned to
John O'Brien. That on November 2uth legO the
defendants were il de ten to one harry Wilson for
work and labor done and performed for defend.
ants by said Wilson, in the of f4O tina
10 II. ,l,r. mt uf,1
c aim an 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 Oh February LIST, 1891, defendants were in |
debted 10 John o'Brien on balance of an account |
for goods, wares aud ehsndse sold and aellv |
erea by said O'frlen to defendants during the |
year 1870 in the sum of sl77 6s; that said account
vas all due prior to September lst, 1890 ana that
no part thereof has been paid; that on Febr4a |
I'd, 1851. said O'Bren sod aud assigned all of his
said clalihs to plaintiff that part of said claims
have been Paid. That ON Dect mber 3 tn 1890 |
deft nda;'s We're indebted tc Peter Hollis an ae
count for work and Abor, in the snm of Slou. that
defendants delivered to Hollis an oraer on the
First National Bank OF Haley, signed by James
Doniphan, IN the sum OF 500; that thereafter said
hollis assigned sai cain - Harry Wilson, and |
that afterwards, on February ID. lsg said Wilson |
sold amt hssilnt I'd said clsl this ptantin; that
no pat thereof has been paid. That ON January
3lst, ls9l, defendants We're indeb ed to Harry /
Wilson, on I'll account for work, labor and supplies
furnished by Wilson to defendants. in The su IN Of
$500 2o TINT Tn same is al due ana Fart thertf
wilson ssisu.d said lam to this plaintiff That
on December 18th. ls90. defendants We're indebted
To one Green Cine. ON All account agreed npun in |
the sum OF $?G7 30; that defendants delivered to
said cline three oratrs on First National Bank OF |
HALEY. signed by lanes rnnphAn, in tie follow |
ing sums, t. wit $40 so, $lOO 800; that said Mrs
u. Cline Ii the wife OF said Green Cline that the
aid sums are unders TODD TO be and are balances
due after former orders paid; that ON Decem
Der 18th. 1870 all uf said claims were past due |
thst none II said Claims nor any part thereof ex .
cept ~ has been paid that said ord. or writings
we're present. TO said bank and pay Mt refus.
that on February 2d. 1874. said Green Cline sold |
and assigne said order writings to this plain. !
TIM That on December 10th. ls9O, defendants
were indebted to one K. l. iii ks on an account In |
the sum of Sos go stated and agreed upon and de- |
I. ndants deliver d to said Hicks an order on the
FIRST National Bank OF HALEY fer said sum, signed
ny James Doniphan: that said Hicks assigned said
claim 70 j Fox: that on February I'd, 1871, said |
J. Z Fox assigned s. id clam t., THE plant fl.
thst SAID writing was presented to said bank tor /
payment and the SANE refused that no part of
sad claim b. been paid except SIS on December
21d, loso That Il January 3lst 1891, defendants
were indebted to n J Brown on an account for
services as physician and surgeon during tine
year 1870 III th- sim OF sos: that said claim was due
VI n - N. tl,et, = |