Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-05-19

| ~ose IN II. DebneT flADtlU,
James Doniphan, John Doniphsn. T.
Tootie. Morris A. Reed. and John +.
| murphy, Defendants.
The State of Idaho sends greeting to James Dor
iphaD. John Doniphan, +. E. Toutle, Morris A
Reed. and John 4. Murphy, Defendants:
You are hereby required to appear I'm an actio
brought against you by the above nam plain
tin in the District court of tie Fourth Julicia
District OF the State Of IlahO in AID for the q
of Alturas. and 60 answer the com slaint flee
therein within ten days exclusive of the da, o
serviceI inter the service or, you of this Summons
If served within this county; or. II served with
days; otherwise. within forty days or judgment
by default viii be taken against you according t.
the prayer OF said complaint.
| The id action In brought to recover paymen,
| OF certain sums Of money due and owing by you tC
this plaintiff, alleging: That at all tim,s men.
toned herein and IN plaintiffs complaint you
| were the owners OF the business known AZ the
Csmas No Mine, and that James Doniphan
acted as superintendent and general manager Of
LIST. 1890, defendants became indebted 10 Harry
| Wilson account for work sn labor and mate
rails done and furnished and supplied defendants
| at their request and that on December LIST, 1850.
| said Wilson and defendants fixed the amount OF
said Indebtedness at 1868 49, and sgreed pay the
same thin sixty days with interest ut the ate of
| ~ per cent per month and to secure payment of
said sum defendants executed Il writing bltHatory
| and delivered the same to said Wilson; that
prior 10 bringing TINS action said Wilson BOLD and
assigned said claim to this plaintiff that defend
ants were on October 2Oth 1890, Indt bted to Harry
wilson for work and labor and supplies done. per-
formed and furnished to defendan by said Will
son, in the sum of $780, that defendant James
Doniphan 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 defends ants
| nor James Doniphan had funds at said bank 4:
that said claim was due October lOth, 1850 and it
WAS ngrt ed that sud claim should draw interest
at per month from said date; that no pert Of
said claim has been paid; thai Wilson sold and a..
signed said claim to this plaintiff. Thxt on Feb
runry 3D. 1891. defendants were Ind bted to plain
TIN by balance on account as per bill rendered in
the sum of 50 40; that the same was then due and
unpaid. That on November 18th, 1890. defendants
were indebted 20 Louis Rooney for work, labor
and materi Is done, performed and furnished in
the sum OF 500: that on said Gate said account
was allowed aud defendants executed and deliv-
tred 10 said Rooney Hn order First National
Bank OF HALEY for said sum; said claim WAS to
pear interest from said date; that part of SAID
clam mas pee paid said !tsone, sold and assigned
said claim to plnint,f That January 9th, 1871
defendants were indebted for work and labor done
and performed by J~hn Cline. in tn. sum Of
Sl3G 0s; that SAID labor WAS performed in $50 and
said claim WAS due January 9TH 1881: that no part
OF said lain has been paid that said John cline
sold and assigned sa d ciaint this plaintiff. That
on NoVeinhr 10 Ii, 1890. defendants were indebt ted
to g. Cline for work and la Dor done and rtormed
during 1880. in the OF $35; said SUN was set.
tied ana agreed upon. and an order given said q.
Cline on the First National Bank of siIey sipu ed
by janice Doniphan: the said claim was ali due
prior to Move mber 18TH 1890 and no part th.r.o
mas oeen paid that sAid claim was prior to Feb
fuhry "a, 1871 sold and assigned to this plaintiff
That on December lst l>!O, defendants were in.
deeted to one J. 5. keasull on account then set
tIed hxed ana allowed in the sum of S54. and an
ORDER given the First National Bank of HALEY
ana signed by James Dom lhan; that said claim
was due on December LIST, 1850: that no part
thereof has been pnid that said writing was pre-
sehted 10 SAID bank for me mt and pay ment re.
nus on account IF their having no funds b. long
ing 10 me ueiendahts; said claim YVES on Febru-
Any % 1891, 8, Id and assigned t. this plaintiff
TINT GU October 25th, 1890, defendants were in
debted to +. F. Peck, on an account that dxy set
tied and fixed in the sum of S,O5; that defendants
delivered to sad Pee an ord r on the First Ma
tional Bank Of HALEY signed ly James Dent rhnn.
that said order WAS presented to said bank and the
bank refused payment; that said claim was due
ana no part thereof paid; til said 4 + Peck sold
and assigned his sa'd claim to this plaintiff That
Defendants i'll the year 1880 beraln indebted TO
the following persons in the following sums and
gave ehch OF them orders on the First National
Hhnk OF HARLEY, signed by james Doniphan TO.
wit: Mrs, Z. Cline, $40: Fred. Nease $40. L. n
Isle. vas; Mrs NJ 3. Cline, sG3 SO: Earhart Il
Mcleod, Sl2 So; j. NJ. richardson, $25 90: that
each OF these orders were given to cover clai1.s
justly due, hNed and agreed upon that no part of
any OF sad claims has been paid, and that prior
70 bringing TINS action ali of said claims sold
and assigned to one Geo. A. Mel, cd, tnc that On,
February ID 1891, said Mcleod sold and assigned
The same TO this plaintin That on November lat !
IN account then settled and fixed between them in
NE sum OF $50; that defendants delivered to said
~
Haley signed by james Douiph.p for snid |
amount; that said Lisle sold and assigned said
lam to John O'Brien: that November 18th !
$40. defendants In payment of an Indebtedness
Tue by them to Mrs. IT, Cline. delivered to SAID
Hrs q Cline an order On the First National Bank
u HALEY signed by James Doniphan. in til. sum /
u slo:~ ala order WAS Gully sold and assigned TO |
"hn o'Bri.n. That On November 10th 1s9O the
were n dtbted to Harry Wilson for
WORK and labor done und performed for defend
'hts by said Wilson in the of $40 tn d., +. nd
'hts delivered TO suid Wilson ss evidence of said
lain an order on the First National Bank of |
hale a signed b, James poniphan for $40; that
,ata claim WAS duly assigned to John O'Brien |
! nat on February lst 1871, defendants were in |
lebted 70 John o'Brien on balance Of an sccount
"r goods. wares and merchandise sold and deliy. /
afea by said O'Brien to defer dants during the |
year lS'O, in the sum of $l77 6s tha, said account
eas all due prior to September list. 1870, ana that
no part Thereof has been paid: that on February !
"a, 1871 said O'Bricn sold and assigned al If his
saia claims 10 plalnt; thu: pe1t of said claims
have been paid. That On Dec,mh 3 tn 1880 |
dele ndahfs Were indebted &c Pete Hollis on An Nc
count for work and abor. in the sul of 500: that
defendants delivered to Hollis an order on the
first National Bank of HALEY, signed by James
Doniphah, III the sum of 300; that the aid
aoiis assigned said claim To Harry Wilson, and |
That afterwards, on February I'd 1881, said Wilson
SOFA anu asst said tlaim to this plaintiff that
no part thtreof he's been paid. That on January
3ist, 1871. defendants were indebted to Harry
wilson on an account for work. labor and supplies
furnished by Wilson to defendants in the su In of
s46o 2o thst tn" same is all due no Fart ther.
has been paid; that on February End, 1891 said |
ilsoh assigned said claim to this plaintiff That
On December 18TH 1890, defendants were indebted
10 one Green Cline, on an account agreed upon in
the sum of 1867 80; that defendants delivered 10
sid Ciins three ora.rs on First National Bank of
HALEY. signed by James roniphnn in the follow |
ing sums, to wit; SG9 80 SlOU 800: that said Mrs
u CINE Is the wife 81 said Green Cline: that the
said sums are nndcrs TODD to be AID are balances
due after former orders were paid; that on pecam
Der 18TH. 1870, all IF said claims We're past due.
'hat none u said clsms nor any part thereof tx,
r' pit ~ has been paid that said orders or writings
were presented to said hnak and payment refused
That on February I'd, 1891. said Green Cline sold
and assigned said orders writings to this plain
I'M. That on December 10th. 1870, defendants
we're II ueotet to one r. l. Hi, ks on an account in
lhe sum of S65 80, stated and agreed upon and DE-
l. ndhnts deliver to said Hicks su order on the
tirst National Bank of HALEY for said sum, signed
ny James DOM phan that said Hicks assigned said
lain 70 D. U Fox; that on February I'd, 1871 said
J, Fox assigned said claim t. this plaintiff. !
hat said wiring WAS presented to said bank for
payment and the same refused that no part of
'nid claim has been paid except SIS on December |
'2d, 1870 That II January 3lst 1891, defendants |
we're indebted TO Brown ON an account for |
services as a physician and surgeon during the /
ear $40 III the sum OF sos: that said claim was due
november LIST. ls.e: that no part f tn. same has !
'een paid: that on brusry "a, 1891 said brown as
igntd said claim TO this plaintiff That on lam. /