Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-14

trict. of the state OF Idaho, in and for the
County Of Alturas
oseph II. Beamer. Plaintiff. 4 7
lmes Doniphan, Jshn Doniphan. T. E.
Tootle. Morris A. keed, and John +.
Murphy, Defendants.
he State Of Idaho sends greeting to James DON
iphxn, John Duniphan 4. E. TOUtla, Morris A.
Reed, and John 4. Murphy, Defendants:
Yen are hereby rsq uired to appear in an action
brought against you by the above nam plain.
in III the District Court OF the Fourth Judicial
District Of the state Of Idaho In AID for the county
81 Alturas. and to 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.
this county, but in this district viii hin twenty
days; otherwise. within forty dayt or Judgment
by default viii be 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 at ell times men
toned herein and In plaintiffs complaint You
were the owners OF the business known the
Camas No. Mine, and that James Doniphan
acted - superintendent and general manager Of
said mining business: That prior :" December
Wilson on an account for work a0o labor and mate
rails done and furnished aud supplied defendants
said Wils,n and defendants ixed the amount Of
said Indebtedness 1t 1868 49, and agreed to pay the
same thin sixty days with interest ut the ste of
\ per cent. per mouth, and to secure payment Of
said SUM defendants executed = writing obligatory
and delivered the same to said Wilson: that
prior 10 bringing this sctton said Wilson sold and
assigned said claim to this plaintiff that defend
ants on October 2Oth 1880 indebted to Harry
Wilson for work and labor snd supplies done. per
formed and furnished to defendants by said Will
son, i'll the cum OF $500; that defendant James
Doniphan delivered to said Wilson sn order on
the First National Bank Of Haley. for said 1900:
| that said order was presented ut said bank and
pay ment refused, for the reason that defendants
nor James DOM hsn had no funds ut said bank !;
that said claim due October 18th, 1850, and 1t
! was agreed that said claim should draw interest
| at per month from said date; that no part of
said claim has been paid thai Wilson sold and as
| signed said claim to this plaintiff. Thst on Feb
ruxry I'd, 1871 defendants were tpds btel to plain
tiff by balance on account as per bill rendered in
| the sum Of - 40; that the same then due and
| unpsid. That on November 26th, 1890, defendants
were indebted 10 Louis Rooney for work, labor
| and materi Is done, performed and furnished, In
the sum Of 500; that on said ate said account
WAS allowed and defendants executed and deliv-
Bank OF HALEY for said sum; said claim WAS to
bear interest from said date that no pars of said
claim has been paid; said Rooney sold and assigned
| eatd claim to plaintiff chat January 9th, 1851
defendants were indebted for work and labor. done
| and performed by John Cline, in the sum of
1896 o. that said labor WAS performed IL 1890 and
ead claim was due January 9th. 1891; that no part
OF said claim has been paid; that said John Cline
| sold and gned 81 d claint this plaintiff That
| D Il, were
to g. Cline for work and abor done and performed
during 1880, in the sum OF $35: said sum was set
tied and agreed upon. and an order given said G.
Cline the First National Bank Of alley, signed
| by James Doniphan; the said claim was all due
prior to Nov. mber 18th, 1890, and pnrt thereof
has been paid; that saio claim WAS prior to Feb
runry 3D. 1891, sold and assigned to this plaintin
| That ON December LIST. 1e!O, defendants were in
debted to one J. $. Redsul on account then set
| tied, fixed and allowed III the sum of $5A. and n
order given II the First National Bank of Hailey
| and signed by James poniphan; that said claim
was due on December LIST, 1880; that no part
thereof has been paid: that said writing was pre-.
scented to said bank for lay ent and pay ment re-
fused on account ct their having no funds belong
| ing to the defendants; said claim was on Febru-
| airy I'd. 1891, 81 Id and assigned - this plaintiff.
| That on october 25th. 1890, defendants were in
debted to F. +. Peck, on an account that day 81 T.
tied and fixed in the sum Of sos; that defendants
| delivered to said Pee ord the First Ma
tional Bank of HALEY signed by james Don't phan ;
that said order was presented to said bank and the
hank refused payment; that said claim was due
ard no part thereof paid; tn said I. + Peck sold
and ASST gned his said claim to this plaintiff That
! defendants 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, sigued by James Doniphan, TO-
| wit Mrs. e. Cline. $50; Fred. Nesse, $40; l.. N.
Isle. 1916: Mrs. NJ. 3. Cline, 500 SO; karhart Il
Mcleod, $l2 55; J. NJ. richardson, $25 %; that
each OF these orders were given to cover claims
justly due. fixed and agreed upon; that no part of
any of said claims has been paid, and that prier
to bringing this action all of said claims were sold
| and assigned to one Geo. A. Mcleod, ana thut on
February I'd, 1891, said Mel cod sold and assigned
| the same to this plaintiff That on November LIST
1880. defendants were indebted to L. N. Lisle, on
an account then settled and liked between them, in
the sum of $50; that defendants delivered to said
Isle order the First National Bank of
Haley. signed by James DonfphAn for said
amount; that said Lisle sold and assigned said
claim to John O'Brien; that on November 18TH
1890, defendants in payment of an indie btedness
due by them TO Mrs. u. Cline. delivered to said
Mrs. G. Cline an order On the First National Bank
of HALEY. signed by James Doniphan. in the sum
= l,,l~,
John O'Brien. That on November 18th 1850, the
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 that defend
ants delivered 10 said Wilson rs evidence of said
claim an order on the First National Bank OF
Halle! signed by James Doniphan for $40: that
said claim was duly assigned to John O'Brien.
| That on February lst, 1891. defendants were i'll
debted TO John o'Brien on balance Of an account
for goods. wares aud merch sndise sold and deliv-
eTea by said O'Brien to defendants during the
year 1890 in the sum of $l77 Is; that said account
vas all due prior to September lst. 1850. and that
no part thereof has been paid; that on February
I'd, 1891 said o'Brien sold aud assigned all nf his
said claims to plaintiff that part of said claims
have heen paid. That on Dect mber 81 tn. 1890
defendants wer. indebted t. Peter Hollis on
count for work and labor, in the Of 800; tina
defendants delivered to Hollis an order on the
First National Bank of HALEY, signed by James
DoDiphsn, in the sum of $780, that thereafter said
Hollis assigned said claim to Harry Wilson. and
that afterwards on February I'd. 1891, said Wilson
sold and assigned said claim to this plaintiff that
no part thereof has been paid. That on January
3lst, 1891. defendants were indebted to Harry
Wilson. account for work, labor and supplies
furnished by Wilson to defendants. in the sum OF
S4G0 TO- that the IL all due ana Fart there
hls been paid; that on F. bruar! End, 1891, said
Wilson assigned said claim to this plaintiff. That
on December 18th, ls9O. defendants were indebted
to one Green Cline on an account agreed upon. In
the sum of $267 80; that defendants delivered IL
said Cline three orders on First National Bank OF
HALEY. signed by James Eoniphan. in the follow
ing sums to- wit: $G9 80. $780, $lOO that said Mrs
q. Cline IL the wife OF said Green Cline that thu
| aid sums are understood 10 be and are balances
due after former orders were paid; that on Decem
Der 18th. 1890 all II said claims were past due
that none Of said claims nor amy part thereof ex
c.pt 81 has been paid: that said orders writing,
were presented TO said hank and pay ment refused
that on February I'd. 1891. said Green Cline solo
and assigned said orders writings to this plain
tiff That on December l0th, ls.V, defendant
vert indebted to one H. l. Hi ks account IL
the sum of sos SO. stated and agreed Hpon and de
PENDANTS deliver, d to said Hicks hu order on tn,
First National Bank OF HALEY for said sum- siene,
by James Donphan: that said Hicks signed SAFE
claim TO j. q. Fox; that on February I'd, 1871. sal,
J. Fox assigned said clam to this plaintiff
th at said writing WAS presented TO said bank fo
payment and the same refused that no part D
said claim has been paid except $a5 on Decembe
22d, 1880. That n January 3lst 1891, defendant