Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-27

James Doni phsn. John Don,phan. TIE.
IOotlt, Morris A Reed. and John +.
Murphy, Defendants.
The State Of Id tho sends greeting to James DON
iphxn, John Doni phan 4. Z. rootr, Morris A. |
Reed, and John +. Murphy, Defendants:
Yen are hereby required to appear in an action
brought against You by the above nam PLAIN
tiff in the District court of H. Fourth Judicial
Dtstric OF the state Of aro in AID TOR the cuu ~
OF A,turns. and ~ answ the com rlaint filed
therein " thin TN days texc,usive OF the day OF
servic+) after the srvice Oh you Of tins Summons
If served within this county or II served with
on, this county but this district. wi hiu twenty
days; otk+rw Sc. Within forty days or judgment
by default vii he taken against you according to
th- prayer o. said cOInl'ln1h
The ia action il brought to recover payment
Of certain sums of money due and owing by you 10
this plaintiff. Alleging: That ut al tim men.
toned herein and i'll plaintiffs complaint you
the owners OF the busin' rs known AZ the
Cauns No Mine, and that James Doniphan
a, ted MS superintendent and general manager Of
said mining business. That prior to december
LIST lsy' defendants became indebted 10 one Harry
Wilson on ). count foI work an labor ami mate
rails done and furnished and supplied aeiendants
ut their cqn.st, and that on December LIST. 1850.
SAID wis II AMI def. ndar is fixed the amount u
said Indebtedness NJ 1868 S. and agreed to pay the
thin Sky days with intert st ut the Bte OF
4 per cent. per month"; anu f. secure payment of
saiu sum defendants executed writing obligatory
and d. livered the same to said Wilson; that
prior u bringing this action said wilson sold and
assigned s.iu claim to this plaintiff, that defend
ITS were October 10th 1880, indebted to Harry
Wilson for work and labor a u supplies done, per.
formed ma furnished to defendants by said Will
SOD, III the sum Of 500; that defendant James
Doniphsn delivered t" snid Wilson IN order on
the First National Bank of HALEY. for said S3ON
that said order IVES presented 1t said bank and
pay ment r. fused, for the reason that defendants
nr James DOnjphan had 10 funds ut said bank;
that said claim was due October itth $50, and It
was or eo that sutd claim should draw interest
Vt per month from said date; that no r .rt OF
| snId claim has been paid; THAI Wilson sold ana Ms
ri IL
rnr! I'd 1881, defendants wee II de bted to plain
till NY bal nee on account as per hill rendered IN
the sum of 81 40; that the same was then due and
| unpaid. That Oh November 10Th, 1890. defendants
were indebted 20 LOUIS Rooney tor wvrk, labor
| aud uint.ri Is done, performed and furnished in
the sum o, 800; that ON said tate said account
| Was all. wed and deicRuants executed and deliv.
cree to said Rooney all order On First National
Bank of HALEY for said sum; said claim WAS to
bear interest iroMI SAID date: that no pare of SAID
clam has bee paid; said Rooney sold and ASST ned
| sal claim to platLt.n that January 9Th, 1871.
defendants indebted for work and labor. done
| aud performed by J"hn Cline. Ill the sum Of
1856 o.; that said labor performed III 40 and
said claim was due Januar, 9th. 1871 that no part
| Of said lain has been paid; that said John Cline
| sold and assigned 81 rlSint this plaintiff. I hat
on Novembs 10 h, 1890. defendants were Indebted
t. u. Cline tor work and Labor done aid performed
during 1850, in the sum OF $50; said sum was set
| tied anu agreed upon. and al order given said u.
Cline On the First National Bank of alley, sighed
by Jumt Doniphan; the said claim was all due
prior to Nov, mber 18TH 1885, and no part thereof
has been paid; that saiu claim was prior to Feb
ruary 3D. 1884, so,d and assigned to this plaintin.
| That on december LIST. lsaO, Defendants were in.
debted 10 one J. =. keasul, on ccount then set
| tied, fixed and allowed i'll the SUI, " SJ4, and AN
| Order given IL the First National bank Of alley
| and signed by James onlrhAn; that said claim
| WAS due Dec. nber LIST. 1880; that no part
thereof has b. en- psid that said writing was pre-
scented to said bank tor "a, M mt snd pa. meht re-
fused on account ct their having no funds belong
ing to The defendants; said claim WAS on Febru-
| AIRY I'd. 1891 s, Id and assigned this plaintiff
That GU october 25th, 1890, defendants were in.
A. htaI n II DAnk nj IAN nj hat day - a.
tied hnd fixed In the sum Of $780, that defendants
| delivered to SAID Pee an ord on the First Ma
tional Bank uf HALEY. signed by James Don't phan
that said order presented to said bank md the
| bank refused usnent; that said claim was due
ard no part thereof paid; tn I said r F PECK I'D
and assigned his sa'd claim to this plaintiff. That
defen, ants in the year 1880 be"amr indebted TO
the follo~ing persons in the fOllowin- sums. and
gave each OF them orders on the First National
bank of HALEY. signed by James Doniphan, to-
wit: AIRS. 4. Cline, so; Fred. Nease, $40; N.
! isle. S35; Mrs. NJ. Is. Cline, 500 so: tarhsrt Il
| Mcleod. Sl2 80; ]. NJ. Richardson. $25 o.; that
! each OF these orders were given to cover ciail.s
justly due, fixed and agree upon: that no part of
| any of said claims has been pad. and that prior
to bringing tins action all If said claims sold
| and assigned to one Geo. A. Mel, cd. tnd that II
+, bruHry "a, 1891 su d McIc ou sold and assigned
the same to this plaintiff That ON November lst.
ls. o. defendants W. indie ted to l.. N lisle tn
an account then >, till anu liked between them, in
the sam of 500 that defendants deiIver,d to said
| ! isle an oruer on the First National Bank Of
Haley signed by James Doniphan for said
amount; that said Lisl" sold and assigned said
| clam to John OBrien: that on November 18th
| 1890. defendants IL payment Of al Indebtedness
due by them to Mrs. u Cline. delivered t. said
Mrs. u. Cline an order IN the First National Bank
| Of II Hey. signed by James Dohiphan. In tn. sum
OF kl'; ala order WAS duly s"ld and sssientd to
John OBri.n. lhnt IN November 2Uth lesO, The
defendants were / debte' t. one Harry Wils II, for
work and labor done and performed for defend
by sniu Nilsson in tn. OF $40; thst d. f. nd
sits oeliv, red snid Wi, ~ eviuence of said
c aim order on the First National Bank of
Halle. signed b! James Doniphan for $40: that
"A ,.1ut,,, lt,1p < .l,,s ,nr,.,r
That on February LIST, 1885,, defendants were in
d,bted 10 John U 'Brien Oh balance Of an account
tor goods. wares and merchandise sold and deliv-
ertu by said OBricn TO defei, dunts during the
year 1890, in the sum of SLIT S. that said account
VAS all du. prior t. Sept, mixer lst 1880. and thai
no Ixrt th+i,,f has been pad; thnt on Febrl airy
ID, 1891. said ODrtn sold ard assigned all Of his
said claims planilf that no raltof said clai n,s
have been paid That on December th 1890
d. # ndApts re indebted &C. Peter Hollis,
count for W, rk and hbor, in the of 800; tina
DEF. n,lants delivered to Oils ali oreer on tht
First National Bank e: HALEY, signed by Jane,
Donirhai. in the sum OF SlGo that thtretf sait
hollis assigned sni cinim 10 Harry Wilson, ant
that afterwards. FehruHr, "a. 1891, said Wilson
sold ASST n.d snia clam t. this plaintiff; thu
no part thereof has been paid. That Oh Januar,
3lst, l>9l. defendants were indeb ed to Harr!
Wilson. o hccOunt for work, labor ana supple
furnished by Milson to defendants in The sum o
s46U 70: that th same Is MI due ana no rart thtr.
has teen paid; that on teb'nar. 2nd. 1891. sal,
Wilson ssigntd said LAIN to this plaintiff Thn
on Drc,nu 18th, 1850, defer daLts We're indebte,
to onr green Chne, on All account agreed upon. II
the sum of 1907 81; that defendants delivered I
ala Cline three orL-rs on First National Bank o
HALEY. signed by James rUniphan. in the f. How
ing suns to-wit 500 80. $780, 500; thai said Mrs
u Cline il the wife OF said Green Cline; that tn
said sums under TODD to be and are balance
due utter former orders were paid; that On Decem
b-r 18th. 1890 all # said claims were past due
tnat zone # said Claims r"r any part thereof e,
c-pt 81 has be, paid; that said orders OF writing
we've presented TO said bark and payment refus.t
: that Oh February I'd, 'eyl, said Green Cline sol
and xs.igne, said order- or writings to this plaiI
tn rat on December luth, ls.O. defendant
J we're indebted b. one Il. l. III ks on an account !
the sum of SOS 80. stated and agreed upon, and d.
|. I. ndsnts deliver TO said Hicks an order on n
i. Fret National bank of HALEY fer saa sum. ign.
by james Doniphan: that said Hicks assigned sal
claim I q FIX; that on February I'd. le"l. sal
J FIX assigned g Id clam t. this plsintli
!, that SAID wiring WAS presented TO said bank Il
payment and the sane refused that no part
said claim IS been paid EXCEPT SIS on pecemn'
I'D, 1890. That n January 3lst 1891, defenusn
were indebted to J brown, on au scc.uht fl
services physician and surgeon during II
year lS9o il the OF $9' that said claim was d.
November LIST, ls!o; that no par, of thu same HI
h..ap. Il