Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-13

| Joseph Ii. Beamer Plaintiff,
| james DoniphAn. John Doniphan. T. E.
Tootle. Morris A. Reed, and John +.
Murphy, Defendants.
The State Of Idaho sends greeting to James Don.
iphsn. John Doniphan, Il. Z. Tootl-, Mo. ris A.
Reed, and John 4. Murphy, Defendants:
| You are hereby required to appear in an action
brought against you by the above. nam. d PLAIN
| tiff in the District Court OF the Fourth Judicial
District OF the state of Idaho in AID tor the ty
of Aturas and to answer the com plant filed
therein within ton days exclusive of the day of
service) after the service on You Of this Summons
If served within this county or. II served with
out this county, but this district. wit hin twenty
| days; otherwise. within forty days or Judgment
by default vii be taken against you according to
the prayer OF said complaint
The s I'D action is brought to recover payment
OF certain sums OF money due and owing by you to
this plaintiff. alleging: That at all time men,
toned herein and in plaintiffs complaint you
were the owners OF the business known the
Camas No 2 Mine, and that James Donipha an
atted as superintendent and general manager of
said mining business. That prior to December
1st 1890, defendants became indebted to one Harry
wilson on al account for work labor and MI ate.
rails done and furnished and suppl led aefend ants
at their request, and that on December LIST, 1880
said Wilson and defendants fixed the amount OF
said debtedness ut 1868 S. and agreed to pay the
same thin sixty days with interest at the ate OF
4 per cent. per month. and to secure payment Of
said sum defendants executed q writing obligatory
and delivered the same to said Wilson: that
prior to bringing this action said Wilson sold and
ants were on October goth 1880, indebted to Harry
Wilson for work and labor and supplies DONE per-
formed and furnished to defendants by said Will
son, III the sum OF 1900; that defendant James
Donlphan delivered to said Wilson an order on
the First National Bank Of HALEY. for said $500
| that said order presented ut said bank and
payment refused. for the reason that defendsnt
nor James Doniphan had funds ut said bank ::
that said claim was due October 10th, 1850 and it
was agreed that said claim should draw interest
| ut peg month from said date; that no part Of
said claim has been paid; thai Wilson sold and
signed said claim to this plaintiff. That Feb
ruary I'd. 1881, defendants were ind. bted to plain.
tin by balance on account AS per bill rendered in
the sum Of - 40; that the same was then due and
unpaid That on November 10th, 1890 defendants
were indebted 70 Louis Rooney for work labor
and mattri Is done, performed and furnished, in
the sum OF 500: that on said Gate said account
was allowed and defendants executed and deliv-
cred to said Rooney order on FIRST National
Bank Of HALEY for said sum; said claim to
bear interest from said date; that pnrl of SAID
claim has bee. paid; said Rooney sold aud ase xned
said claim to plaintiff That January 9th. 1851,
and performed by John Cline, IN the sum of
Sl36 O6; that SAID labor performed in 1890 and
said claim was due January 9Th, 1881 that part
OF said claim has been paid; that said John Cline
sold and assigned sa eiaint this plaintiff. That
on Novembt II Is h. 1890. defendants were indet ted
to o. Cline for work and labor done and pert orned
during 1880. in the sum OF S35; said sum was set
tied and agreed upua. and al order given said g.
Cline on the First National Bank of haiey, signed
by James Dohiphan; the said claim was all due
prior to Nov' mber 10th, 1890, and part til of
has been paid; that saiu claim prior to Feb.
That ON December LIST, 1o!O, defendants were in
deBted 10 J. $. Redsul on an account til en- set
tle;, h4ed and allowed IN the sum OF s54, and an
order given I'll the First National Bank of itailey
and signed by James Bonirhan; that said claim
was que ON December LIST. 1850; that no part
thereof has been paid; that said writing was pre-
scented to said bank Tor uas incnt and pay ment re-
fused on account CT their having funds bel long
ing to the defendants; said claim was ON Febrt,-
hfy a. IS9, s. ltt and assigned to this plaintiff
That on October goth, 1890. defendants were in
a .; to +. y PECK on an account that day set
tied and fixed in the sum of sos; that defendants
delivered to said PecA an ord on the First Ma
tional Bank of Haley. signed by Jaint Doni phen;
!hat SALT order was presented to said bank and the
bank refused payment that said claim was due
ard no part thereof paid til I said + + Peck sold
ana assigned his SAID claim to this plaintiff That
defcnG ants in the year 1890 became indebted TO
the following persons in the foilowin-; sums ane.
gave ench of them orders on the First National
Bank of Haley, signed by James Doniphan 10. !
wit Mrs e. Cline, T2o Fred. Nease, $40; l.. N.
Isle. $50; Mrs, NJ. b. Cline, sos SO; Larliart Il
Mcleod, sl2 %; J. NJ. Richardson, S25 o. that
justly cue, hXed and agreed upon; that no part of
any OF SAID claims has been pad, and that prior
to bringing thus acton all Of said claims sold /
ana assigned to one Geo. A. Mcleod. ana that
February I'd, 1891, said Mcleod sold and assigned
the same to this plaintiff. Tint on November LIST,
1850. defendants were indebted to l.. N Lisle On
an account then settled ana fixed betwee en- them in
the sum OF $50; that defendants delivered to said
Lisle order on the First National Bank of
uallty. signed by James Dom phan for said
amount that said Lisle sold ana assigned said
claim to John o'Bren: that on November l2,h,
due by them to Mrs. Il Cline delivered to said
Mrs II. Cline order the First National Bank
OF HALEY, signed by James poniphan, in the
of slo, said order WAS duly sold and 1gned to
John OBrien. That on November goth 1850 the
defendants were indebted to one Harry Wilson, for
work and labor done and performed for defend-
ants by said Wilson, i'll the of $40: that defend
ants delivered TO said Wilson evidence of said
{ aim order on the First National Bank of /
HALEY. signed by James poniphan tor $40. thnt
said claim was duly assigned to John oBrien
That on February LIST, 1891, defendants re IN
II IN IHh Rrip l,olr
Tor goods. wares and merch andise sold and deliy.
ef.a by sGid oBricn to defendants during the
vas all due prior to September LIST, iS9C. ana that
40 part thereof has been pad; that on February /
I'd. 1891 said obrien sold and assigned all of his
said claims to plaintiff that ant of said claims
have been paid That on Decent 81 ill., 1890 |
defendants were indebted to Peter Hollis on an ac |
count for work and labor, in the sum of 500. TINT
defendants delivered to Hollis an orGer on the
FIRST National Bank OF Haley, signed hy James
poniphan, IN the sum of sle0; that tn. renfer said
POLLS assigned said claim to Hurry Wilson and
that afterwards ON February I'd 1881 said Wilson /
sold and sssihntd said claim to this plaintitl that
no par thereof has been pnid. That on January
oist 1871. defendants were indebted to Harry +
Wilson, on an account for work, labor and supplies
furnished 10y Wilson to defendants. in the sum Of
$500 2o that the is all due and 10 rart thtr,f
has been paid; that on F.bruay, 2nd 1891 said
wilson assigned said claim to this plaintiff That
on December 18th. 1880. defendants were indebted
70 one Gretn cine, On an account agreed upon in
the sum of 1867 30; that defendants delivered 10
IND cline three orl.rs on First National Bank of
NeN - 'h.its LbDsl 'ihn, III xle follow
ing sums, to-wit S69 80. 800 SluO: that said Mrs
u Cline Is the wife of said Green Cline that the
aid sums are understood to be aud are balances
ine after former orders were paid that on Deeem.
per isth isso, all If said claims were past due:
that none # said claims nor any part thereof ex.
ctpt - has been paid that said orders or writings
We're presented to said bank and pay ment refused
claf on February I'd. 1891. said Green Cline sold
and assigned said orders or writings TO this plain,
I'M That on December luth, 1890 defendants
were Indebted to one r. l. Hi ks on an acc on ut in
,ns sum OF 900 So stated and agreed npon aud de-
!.udants deltsert d to said Hicks an order on tho
lrst National Bank of HALEY for said sum- signed
ny James Doniphsn: that said Hicks assigned said
claim to J, q Eek; that on February Cd 1891 said
J. Fey assigned said clam to this Elaintf II:
thht said writing was pres.n ted 10 said bank for
payment and the same refused that 10 part of
5ald claim has been paid except sa5 on Dec. glber
"a, iseo That On January 3lst 1881, defendants
we're ihaeottd TO Brown. on account tor
services as physician and surgeon during the
ear 1870 III the sum OF S95; that said claim was due
N. ~. a.