Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-12

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| James Doniphan, John Doniphan, r. f.
| Tootle, Morris A. Reed and John L.
| Murphy, Defendants.
The State of Idaho sends greeting to James Dom
| iphsp John Doniphan. 7. +. Tootle, Morris A..
Reed, and John 4. Murphy, Defendants:
You are hereby required to appear in an action
brought against you by the above nam Il plain
tiff in the District Court of the Fourth Judicial
Distrct OF the state of Idaho in ard the cou Nv
OF Aiturns: and I" answer the complaint filed
therein within ten 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 in 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 said action ia brought to recover payment
OF certain sums of money due and owing by you to
| this plaintiff, alleging: That at all tmts men,
toned herein and in plaintiffs complaint you
were the owners OF the business known AS the
Camss No Mine, and that James Doniphan
acted AS superintendent and general manager of
SAID mining business That pritr to December
LIST. 1890. defendants became indebted to one Harry
Wilson on an account for work an labor and mate.
rails done and furnished and supplied defendants
at their request, and that December lst 1850
said Wilson and defendants fixed the amount OF
said Indebtedness 1868 49, and agreed to INV the
same W. thin sixty days with interest at the ate OF
per cent. per month, and to secure payment Of
said sum defendants executed a writing obligatory
ana delivered the same to said Wilson; that
prior to bringing this action said Wilson sold and
assigned said claim to this plaintiff that defend
wilson for work and labor and supplies done, per-
formed and furnished to defendants by said Will
son, in the sum of $500; that defendant James
Donlphan delivered to said Wilson an order on
the First National Bank of Haley for said $500:
that said order was presented ut said bank and
payment refused. for the reason that defendants
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
said claim has been paid; tina, Wilson sold and as
signed said claim to this plaintiff. That on Feb
Iuary "a, 1871, DEFENDANTS were ihdsbtea to plain
I'm by balance on account as per bill rendered
the sum of s. 40; that the same then due and
| unpaid That on November 10th, 1890. defendants
were indebted 10 Louis Rooney for work, labor
and lnateri Is done, performed and furnished, in
the sum OF 800; that on snid cate said account
was allowed aid defendants executed and deliy-
cred to said Rooney an order First National
Bank of HALEY for said sum: said claim was TO
bear interest from said date; that no part of sad
said claim to plaintiff That January 9th, 1851
defendants were indebted for work and labor, ne
and performed by John Cline in the sum of
Sl36 o. that SAID labor was performed in $50 and
said claim was due January 9th. 1881: that no part
of said claim has been paid: that said John Cine
sold and assigned sa clain t. this plaintiff That
on Novembtr Is h, 1890. defendants were indebted
to G. Cline for work and labor done and performed
during 1880, in the sum OF s35; said was set
tied and agreed upon, and an order given said g.
Cline on the First National Bank of alley signed
by james Doniphan: the said claim was ali due
prior to Move mber 18TH 1890, and part ere of
has been paid; that saio claim was prior to Feb
ruary 3D. 1891, sold and assigned to this plaintin
lnat on December LIST, $50, defendants were in.
dested to one j. 5. Redsul accoun mt then set.
tied. fixed and allowed il the sum of S54 and an
order given n the First National Bunk of haley
and signed by JAMES poniphan: that said claim
was due on december LIST. 1850; TINT no part
thereof has been paid: that said writing was pre-
sehtea TO SAD bank for ia, me mt and pay ment
FUSED on account CT their having no funds belong.
ing to the defendants; said claim ON Febru-
AIRY "a, 1891, S. Id and assigned to this plaintiff
That on october 25th, 1890, defendants were in
debted to F. F. Peck on an account that iay set
tied ana hxed IN the sum of sos; that defendants
delivered to said PEGS an ord, on the FIRST Ma
tionhl BANK OF HALEY, signed by james Dontphan:
that said order was presented to said bank and the
bank refused payment; that said claim was due
and no part thereof paid; tn I said t. Peck sold
and assigned his sad claim to this plaintiff. That
defendants in the year 1890 became indebted to
the following persons in tie followiU. sums ane
wit: Mrs. q. Cline, $40; Fred Nesse, SO; L. n.
L Msi sas; Mrs NJ B. Cline sda so; t.arhar, 4
each OF these orders given to cover claii.s
justly due, fixed and asreed upon; that no part of
any OF SAID claims has been paid, and that prior
to bringing this action all of said claims were sold
and assigned to one Geo A. Mcleod. ana that on
February I'd, 1891 SAID Mel cod sold aud ASSIGNED
the same to this plaintiff That on November LIST
1880 defendants were indebted to l.. N lisle on
an account then settled and fixed between them in
the sum OF $780, that defendants delivered to said
l.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 O'Brien; that on November 18th |
1870, defendants in payment of all Indebtedness
due by them to Mrs. II. Cline. delivered to said /
Mrs. e. Cline an order on the First National Bank
OF HALEY, signed by James Donip han in the sum I
OF $50; said order duly sold and ASST gn.d to /
John o'Brien. That on November 10th. isyo the
DEFENDANTS were indebted to Harry Wilson for
work and labor done and performed for defend |
ants by said Wilson, i'll the sum of $40 that defend
ants delivered TO said Wilson rs evidence of ssid
{. aim an order on the First National Bank of |
Halle. signed by James Doni phan for $40: TINT |
SAID claim was duly assigned to John O'Brien
max on February LIST, 1884, defendants we're in
aehted 70 John oBrIen on balance of an account |
Tor goods wares and mereh andise sold and deliy
cred by said OBrlen to defendants during the
year 1890, i'll the of Sl77 6s that said account
vas ali due prior TO September lst 1850 ana III at
no tart Thereof has been paid; that on February
I'd, 1891, said OBrien sold assigned all of his
said claims TO plaintiff; that part of said claims
have been paid. That on Deco her 8 tn, Is9o
defendants were indebted to Pete Hollis on an ac.
count for work and iabor in the sum of Sloo4 tbat
defendants delivered to Hollis an oreer on the
p rirs. NAtl'nai Bank OF HALEY, signed by james
Doniphan, i'll the sum of slU0 hat therea sail
hoiils assigned sail claim to Harry Wilson, and
that afterwards, on February ID, 1891 said Wilson
sold and ASST 1t said claim to this plainttt. that
no part thereof hns been paid That on Jannsry
aist. 1851, defendants We're indebt ed to Harry
wilson, Oh an account for work, labor and supplies
! furnished by Wilson 10 defendants i'll III. sum If
$500 20; that h is all cue and no ra,t tharf
has Teen paid, that en- II hruars end 1891 said
" iseh assigned said claim to this plaintiff That
on december 18TH, 1870. defendants indebted
10 one Green Cline on an account agreed upon in
the sum of 1867 80; that defendants delivered TO
; aid Chine three orders First National Rnol az
HALEY. signed by James Huniphan in the foIlow !
ing sums, to-wit; 500 30. $780, 500; that said Mrs
y CINE is the wife OF said Green Cline. that the
aiu SUMS are Understood TO be and are balances
Que after former orders were paid; at on D.cem
ner ieth. 1870, All 81 said claims were past due.
that rome 81 said claims nor any part thereof ex
,p' - mas oeei paid; that said orders writings
were presented to said hauk and payment refused.
1hht on February I'd, 1891, said Green Cline sold
aH assigned said orders or writings to this plain
tlH. lhst on December 10Th, 1880 defendants
were indebted to one X. l. Hicks on an account in
.hf sum OF sdo 3D. stated and agree, upon and de-
H1fl vii ~
flrst National Bank OF HALEY for said sum- signed
y James Dom phah; that said Hicks assigned said
" .. y FOX; that on February I'd, Is9l said
:, rox assigned sid clam to this plaintiff. /
.h"t sniu WIRING was presented to said bank for
l'as ,heh ana the same refused that part of
saia eial N has been paid except Sa5 on December
s1a 1870 That On January 3lst. 1891, defendants
were We're ihde bttd TO J Brown account for
s.fei.es az physician and surgeen during the