Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-29

The State OF Idsho sends greeting TO James Don
iphan, John DoniphSn 4. +. Iootl., Morris A.
Reed, and John 4. Murphy, DEFENDANTS:
Yeu 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 Idaho in AID tor the cou y
OF Aituras. and 60 answer the com rlsint filed
therein within ten days exclusive of the day Of
servce) utter the service on you of tins summons
If served within this county or, II served with
out this county. but this district. viii hin twenty
days; ott erwise, within forty days or Judgment
by default will be taken against you according to
the prayer OF said complaint.
The = Ia action is 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 in plaintiffs complaint you
were the owners OF the business known the
Canss No. Mine, and that James Doniphan
acted as superintendent and general manager Of
said mining business. That prior to December
1st. 1890, defendants became indebted TO Harry
Wilson on an account for work labor and mate
rails done aud furnished aud supplied defendants
at their cqu. st, and that December LIST, 1850
said wills. II AMI defendants fixed the amount Of
said indie btedness 1T 1868 IS, and agreed pay
same W thin sixty days with interest at the ste of
y per cent. per month. and to secure payment Of
said SUM defendants executed writing gstory
and delivered the same TO said Wilson, thst
assigned said clam to this plxintif, that defend
ants were October Doth 1850, indebted to Harry
Wilson for work and labor supplies done. per-
formed and furnished to defendants by said Will
son. IN the sum OF $500; that defendant James
Doniphsn delivered to said Wilson an order on
the First National Bank Of HALEY, for said 500;
that said order was presented 1t said bank and
pny Inent refused. for the reason that defendant
nor James Donjphan had no funds ut said bank
that said claim WAS due October lath, 1850. and 1t
was ugrt eli that said claim should draw interest
Ut per month from said date; that no p .rt of
signed said claim to this plaintiff. That on Feb.
ruhry I'd, 1871 defendants we've iIde bted to plain
titf by bal nee on account as per hill rendered in
the sim of 81 40; that the same then due and
II paid. That On November 10Th, 1890. defendants
were indebted 70 Louis Rooney for work, labor
and n.attrl Is done, performed and furnished, in
the sum OF 800: that On said { ate said account
was allowed and defendants executed and deliv-
cred to said Rooney nn order on First National
bear interest iruM said date; that pure of aaId
claim has bee paid; said Rooney sold and ASST gned
sain claim to plaintiff That Januar. 9th. 1851.
and performed by John Cline. III the sum Of
Sl3G Of; that SAID labor WAS performed in 1850 and
said claim was due January 9TH 1891; that part
OF said lain has been paid that said John Cline
sold and assigned Giant this plaintiff. That
on Novcmb. 10 h, 1890. defendants were indebted
to g. Cline for work and labor done and perl ormed
during 1880, in the sum OF $35; said sum set
tied ana agreed upon. and an order given said q.
Cline on the First National Bank Of alley, signed
by James Duniphan; the said claim was all due
prior to Move mOer 18th, 1890 and part tn Ell of
has been paid; that sAio claim was prior to Feb
rumry I'd, 1891, sold and assigned to this plxinti.
Tint ON december LIST. le!O. defendants were in
deeted to one J. s. kcdsul on All account then set
tied, fixed and allowed in the sum of $54, and an
order given N the First National Bank of ri alley
and signed by James UOniph that said claim
was due on pect nber LIST, 1850; that no part
thereof has been paid: that said writing pre-
scnted to said bank tor va! ment and pay ment re-
| fused on account Ct their having no funds belong
Ing to The defendants; said claim was Febru-
airy ID 1891, st Id and assigned to this plaintiff.
That on october 10th. 1880. defendants were in
debted to F. + Peck. on All account that day set
tied md fixed in the sum Of $lO; that defendants
delivered to sud Pee ord on the FIRST Ma
tional Bank of HALEY. signed by Jam. DOM phan
that said order presented to said bank md the
WAS ue
ard no part thereof paid; tn said +. + Peck sold
and assigned his ss'd claim to this plaintiff That
defendants in the yeur 1880 became inLtb ted To
the following persons in the folowtn- sums. and
gave each OF them orders on the First National
wit Mrs. 4. Cline, SO; Fred Nease, $40; l.. N.
Isle. $35: Mrs. NJ. b. Cline, $50 so; thrhare l.
Mcleod. *l2 IS: J. NJ. richardson. s25 90; that
each OF these orders were given to cover cIalI.s
justly due, fixed and agreed upon; that part of
amy of said claims has been paid. and that prior
TO bringing this action all of said ms ere sold
and assigned to one Geo. A. Mcleod. sn6 that oa
Fl bruary I'd, 1891, said Mcleod sold and assigned
the same to this plaintiff. That on November LIST.
1850. deft EdnIts were indebted to l.. N. Lisle on
nm account then settled and hx-d between them, in
the sum Of $50; that defendants delivered to said
HALEY, signed by James Doniphan for asid
amount that said Isle sold and assigned SAID
claim to John O'Brien; that on November 18th.
1890 defendants III payment Of an Indebtedness
due by them to Mrs. u. Cline. delivered to said
Mrs u. Cline an order on the First National Bank
of Hailey. signed by James Donip han, IN the sum
OF $l5; said order WAS duly sold and assigned to
John O'Brien. That TN November 10Th. logO, the
defendants were ii dcbte" to one Harry Wilson, for
work and labor done md performed for defend
ants by said Wilson. In the of $40: tn defend
ants delivered 10 said Wilson M evidence of said
AIM an order on the First National Bank of
Halle. signed b. James DoniphAn tor $40: that
said claim was duly assigned ~ John O'Brien.
That ON February LIST. 1884. defendants were in
debte'i 10 John o'Erien on balance II account
for goods. wares aud merchandise sold and deliv-
erea by said O'Brien to defendants turing the
year 1890 in the of SIT rs; that said account
Was all due prior to september LIST. 1880. and at
no part thereof has been paid; that on February
ID, 1891 said OBrieu sold aud gned all of his
said claims to plaintiff; that part of said claims
have been paid. That on Dec. mber 3 th 1890,
def, ndants were indebted &c Peter Hollis ac-
count for work and abor, in the sum of 800; that
dett ndants delivered to Hollis order the
First National Bank OF HALEY, signed by James
Doniphan IN the sum OF Sloo; that thereafter said
Hollis assigned said claim 10 Harry Wilson, and
that aiterw ards, February I'd. 1881 said Wilson
sold and ASSIGNED said clam to this plaint; that
no part thereof has been paid. That on January
Slst. 1891. defendants were indebted to Harry
Wilson. An account for work, labor and supplied
furnished by Wilson to defend ants in the sum of
$500 20: that tn, ia all due rsrt the r.
has teen psid; that Oh February End, 1891, said
Wilson assigned said claim to this plaintiff That
on December 18th, 1880. defendants indie BITE "a
10 one Greer oHne. on an account agreed upon. i'll
the sum of 1857 30; that defendants delivered to
laid Cline three orh'rs on First National Bank OF
HALEY, sieued by James E"niphsn in the follow.
ing sums to- wit Soy 80. 500, 500; that said Mrs
q Cline IL the wife of said Green Cline that the
aid sums are understood to be and balances
due after former orders were paid that on Decem.
Der 18th. 1870. all If said claims were past due
that none If said clsims nor any part thereof ex
cept - has been paid that said orders or
were presented to said bank and payment refused
| that on February I'd, 1891. said Green Cline sold
and assigned said ort writings to this plain.
TIL, That on December 10th. 1870. defend ants
were inde btei to one X. l. Hi ks on an account In
the sum Of SOS 50. stated and agreed upon. and
4 ndants deliver d TO said Hicks order the
First National Bank of HALEY for said sum, sgnsd
ny James poniphsn: that said Hicks assigned said
claim I" ) Fox; that on February I'd, 1881. said
Fox assigned 8 Id clam 10 this plaintiff:
that SAID wiring was presented to said bank for
payment and the same refused. that part of
sad claim has been paid except S?5 on Dect nj Der
??d, 1890. That n January 3lst 1891, defendants
were indebted to n J Brown on au accuunt for
servictsssa physician and surgeon during tine
year $50 i'll the sum OF sos: that said claim ne
vember LIST, lsao; that no pari II the same has
been paid that on F bru"ry I'd, 1891 said brown
signed sxid claim TO this plaintiff That on Jsnu-
AIRY 10Th 1881, said defendants indebted to
Peer weber. for horse. ,arriage ana wagon hire
ard horse feed. in the sum II Sl54 SO; that no
p'rt of said CLAIM has been pnid: that on F-bru-
sry ID, lss'. sid Weber ass gnea said ella m to