Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-13


James DoniphaD. John Doniphsn. T. E.
Tootle. Morris A. Reed. and John +.
Murphy, Defendants.
iphsn. John Duni phan. I. E. Tootl-, Morris A.
Reed, and John I. Murphy. Defendants:
You are hereby required to appear in an action
brought against you by the above nam plain.
tiff in the District Court Of the Fourth Judicial
District OF the state of aho. In AID for the county
OF Alturas. and ~ answ.r the complaint fled
therein within t.n dsys exclusive Of the day OF
service) after the service on you Of this Summons
If served within this county; OF, II served with
out this county, but in this district. wit hin twenty
days; otherwise, within forty days o. Judgment
by default vii he taken against you according to
the prayer OF said complaint.
The .id action Ia brought TO recover payment
Of certain sums Of money due and owing by you to
this plaintiff, alleging: That 1t all times men,
toned herein and IN plaintiffs complaint you
were the owners OF the business known ~ the
Camss No. Mine, and that James Doniphan
acted as superintendent and general manager of
said mining business. That prior to December
!st le0o, defendants became indebted to one Harry
Wilson on an account for work sno labor and mate
rails done aud furnished aud supplied defendants
At their request. and that on December LIST, 1880
said Wills aud defendants fixed the amount Of
said indebtedness It 1868 S. and agreed 70 pay the
asme thin sixty days with interest At the ste of
y per cent. per month"; and T. secure payment Of
said sum defendants executed writing obii sstory
snd 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 were on October Goth. 1890 indebted to Harry
Wilson for work and labor sLd supplies done, per.
formed and furnished to defendants by said vii.
son. in the sum Of $500; that defendant James
the First National Bank Of HALEY. for said $500;
that said order was presented 1t said bank and
payment refused for the reason that defendants
nor James Donjphan had no funds At said bank !:
that said claim was due October 10th, 1850 and 1t
was agreed that said claim should draw interest
At per month from said date; that no part Of
~ ri hna beer v.niA thAsW sold end.
signed said claim to this plaintiff. That on Feb
rnsry 3D. 1891. defendants we've ind. bted to plain
the sum Of % 40; that the same was then due and
uupsid. That on November 10th, 1880. defendants
were indebted 70 Louis Rooney for work. labor
and materi Is done, performed and furnished. in
the sum OF 500; that on said cate said account
was allowed aud defendants executed and deliv-
cred to said Rooney an order on First National
bear interest from said date that no pars OF said
claim has been paid said Rooney sold and assigned
SAID claim u plaintiff That January 9TH. 1851
and performed by John Cline, In the sum Of
1886 O6; that said labor performed III 1880 and
said claim was due January 9th. 1881; that part
Of said claim has been paid; that said John Cline
seld and assigned 81 ciai this plaintiff That
on Novembt Is h, 1890 defendants were indebted
to g. Cline for work and labor done and performed
during 1850. In the sum OF $35; said sum was set
tied and agreed upon. and All order given said g.
Cline the First National Bank Of alley, signed
by James Doniphan: the said claim was all due
prior to Move nber 18th, 1890 and no part thereof
has been paid; that saio claim was prior to Feb
ruary 3D. 1891, sold and assigned to this plaintiff
That on December lst 1e.O, defendants were in
debted to one J. 3. Redsull account then set.
tied, fixed and allowed in the sum OF $54. and IN
order given n the First National Bank of Hsiley
and signed by James Doniphan; that said claim
WAS due on December LIST. 1880; that no part
thereof has been paid that said wri ting was pre-.
scented to said bank for ray ment and pay MeDt
fused on account CT their having no funds belong
ing to the defendants; said claim WAS on Febru.
airy 2d. 1891, 81 Id and assigned t. this plaintiff
That on october 25th, 1880, defendants were in.
debted to F. +. Peck, on an account that day set
tied and fixed in the sum of sos; that defendants
delivered to SAID Pee ord on the First Nx-
tional Bunk Of HALEY. signed by James Dontphsn;
that said order presented to said bank and the
bank refused payment: that said claim was due
and no part thereof paid; tn said r. + Peck sold
and assigned his said claim to this plaintiff That
defendant 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 Doniphsn, TO.
wit: Mrs 4. Cline, $40; Fred. Nease, $40; l.. N.
isle. So: Mrs. NJ. b. Cline, s63 so; Esrhart h
Mcleod, $l2 55; J. NJ. Richardson. $25 90; that
each OF these orders were given to cover claims
justly due fixed and sgreed upon; that no part of
any of said claims has been paid. and that prior
to bringing this action all of said claims we're sold
and assigned to one Geo. A. Mcleod. sno that on
February I'd, 1891. said Mcleod sold aud assigned
the same to this plaintiff. That on November LIST
1890. defendants were indebted to l.. N. Lisle, TN
an account then settled and tixed between them, in
the sum Of $780, that defendants delivered to said
Isle an order 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 10Th,
1879. oefendnnts in payment of an Indebtedness
due by them to Mrs. u. Cline. delivered to said
Mrs. u. Cline order on the First National Bank
of Hniley. signed by James Doniphan IN the SUM
OF SIS; ssid order WAS duly sold and assigned to
defendants were indebted to one Harry Wilson, for
work and labor done and performed for defend
ants by said Wilson, in the sum of $40 thst defend
ants delivered TO said Wtl.on as evidence of said
4 n IN n Ordp he Etrat sttO Rank If
HALEY. signed by James Doniphsn for $40: that
said claim was duly assigned to John O'Brien.
That on February LIST, 1891, defendants were in
debted 10 John o'Brien on balance Of an account
for goods. wares aud merchandise sold and deliv.
efeu by said O'Brien to defendants during the
year 1890 in the sum of $l17 IS; that said account
was all due prior to September LIST. 1890. and that
no pa-t thereof has been paid; that February
I'd, 1891, said OBrien sold and assigned all of his
said claims to plaintiffs that part of said claims
have been paid. That en- Dect Mber 81 tn. 1890
defendants were indebted 10 Peter Hollis on an ac
count for work and labor, in the of 800; that
defendants delivered to Hollis an order the
First National Bank of Haley, signed by james
Doniphan i'll the sum OF 300; that trehfter said
Hollis assigned said claim to Harry Wilson. and
that afterwards, on February I'd. 1881, said Wilson
sold and assigned said claim to this plaintf; that
no part thereof has been paid. That on January
3lst. 1891 defendants were indebted to Harry
Wilson. Oh account for work, labor and supplies
furnished by Wilson to defendants. IN the sum of
$+60 20; thnt the II all due rart theref
has been paid: that on F.bruar, 2nd 1891 said
Wilson assigned said claim to this plsintif That
on December 18th, 1880. defendants were indebted
to one Green Cline, on an account agreed upon. in
the sum of 1867 30; that defendants delivered to
tsid Cline three orl.rs on First National Bank of
HALEY. signed BY James roniphsn, in the follow
ing sums. towit 500 80, 500, 800; that said Mrs.
q. Cline IL the wife 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 II said claims past due !;
that none Of said claims nor any part thereof
cept ~ has been paid that said orders writings
were resented to said hxuk aud payne refused:
that on February I'd. 1891, said Green Cline sold
and assigned said orders or writings to this plain
tiff. That on December 10Th, 1870. defendants
were indebted ~ one Il. L Hi ks on account In
the sum of sos 80 stated and agreed upon. and de-
PENDANTS deliver, d to said Hicks order on the
First National Bank of HALEY for said sum. signed
by James Doniphan: that said Hicks assigned satd
claim To j. O. Fox that on February I'd, 1871, said
J. Fex assigned sid claim t., this plaintiff;
III said writing wss presented to said bank for
payment and the came refused. that no part Of
said claim has been paid except SIS on Dect moer