Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-28

murphy AeleuO0uu
The State Of Idaho sends greet to James Don.
tphan, John Doniphsn. 4. f. rootle, Morris A.
Reed, and John T. Murphy. Defendants:
You are hereby required to appear in an action
brought against you by the above nam plain
tilt in the District Court OF the Fourth Judicial
Distric OF the state of Iuaho in AID the cou ~
Of Aiturss. and to answer the complaint filed
therein within T. n dsys exclusive of the day Of
service) alter the service on you of this Summons
If served W thin this county; or, II served with
out this county but this district. wi, hin twenty
days; Otherwise. within forty day. or judgment
by default vii he taken against you according to
the prayer OF said complaint.
The III action Ia brought to recover payment
Of certain sums of money due and owing by You to
this plaintiff alleging: That at all time men,
toned herein and In plaintiffs complaint you
were the owners OF the business known Az the
Cx,nAs No. Mine, and that James Doniphan
acted as superintendent and general manager Of
said mining business. That prior to December
LIST. ls9, defendants became indebted to Harry
Wilson on an account fol work labor and mate
rails done aud furnished aud supplied defendants
at their request, and that on December LIST. 1850.
said wis II anu defendants fixed the an.Uunt Of
said indebtedness ~ 1868 49, and skIeed t. pay the
ssme thin sixty days with intert st at the ste of
~ per cent. per month. anu I" secure payment Of
said sum defendants executed 4 whiting obligatory
and d. livered the same to said Wilson; that
prior 20 bringing this action said Wilson sold and
assigned said claim to this plaintiff that defend.
ants were on October goth. 1850, indebted to Harry
Wilson for work aud labor s.ds supplies done, per.
formed snd furnished 10 defendants by said vii.
son. IN the sum OF $500; thst defendant James
Doniphan delivered ~ said Wilson order ON
the First National Bank VI HALEY. for said $3N,:
that said order WAS presented 1t said bank and
pay mene r.fused. for the reason that defendants
nor James DUnjphan had funds ut said bank:
that said claim was due October 10TH 1850. and 1t
WAS gr, Ell that said claim should draw Interest
At per month from said date: that no part Of
said cisim has been paid tina. Wilson sold and ss.
signed said claim to this plaintiff ThGt on Feb.
ra.ry "a 1881. defendants we've il .bted to plain
the sum Of - 10; that the same was then due and
patti. That on November 10Th, 1880. defendants
were indebted 20 LOUIS Rooney for work, labor
sud mat. RI is done, performed and furnished in
the sum OF 500: that GU said ate said account
Was allowed AID defeRusnts executed and deliv.
cred to said Rooney nm order on First National
bear interest from said date: that no pare Of said
claim hss bee paid; said Rooney sold and sixned
ssin claim to piati,t,f That January 9th. 1881.
sud performed by J.hn Cline, In the sum Of
1886 Oh; that said labor performed III 1880 and
said claim WAS due January 9TH 1871; that no part
sold and assigned 81 d riaint this plaintiff That
on Novemb, r Is h, 1890 defendants were indebt ted
to g. Cline for work and labor done and peri ormed
during s'N, in the sum OF $3o: said sum was set
tied and agreed upon and All order given said G.
Cline on the First National Bank of alley, signed
by James Doniphan the said claim was all due
prior to November 18th, 1890, and no purt thereo
has been paid; that sniu claim prior to Feb
runry I'd 1891, sold and assigned TO this plHinti.
That ON december LIST ls!0. Defendants were in.
debted to one J. y. Re1suli account then set.
tied. fixed and allowed in the sum OF $5A, and an
order given n the First National Bank of bailey
aud signed by JAMES Doniphsn; that said claim
was due on december LIST, 1870; that no part
thereof has been paid: that SAID writing was pre-
sented to said bank tor nlent and pay ment re.
fused on account CT their having no funds belong
ing to the defendants; said claim was Febru.
AIRY I'd. 1891. ST Id and assigned t. this plaintiff
That GU october 25th, 1880, defendants were in.
debted to +. F. Peck, on an account that day set
IRh ~ HYahi s,f .l,f.,
delivered to said Pee ord the First Ma
tiqnal Bank Of HALEY. signed by James Doni phan;
that said order was presented to said bank and the
bank refused ayment; that said clatn, WAS due
ard no part thereof paid; tn said T. F Peck sold
and assigned his said claim to this plaintiff That
defendants In the year 1880 became indebted to
the following persons in the followin sums and |
gay. each OF them orders on the First National |
Bank OF harley, signed by janis Doniphan, TO- !.
isle. ss5: mrs Nj. b. Cline $cs SO: tarhsr, 4 !
McLe d, $12 55; J. NJ. Richardson, $25 on: that |
zach Of thu Sc orders were given to cover ciail.s
Justly que, fixed and agreed upon; that no part Of /
any of said claims has been paid, and that prior
10 bringing tins action all Of said claims were sold
md assigned to one Geo. A. Mcleod. rnd that on
February I'd, 1891, SAID Mel cod sold and assigned
he same to this plaintiff. That on November lat,
$50. defendants were indie bted to l.. N. Lisle ~
IN account then settled aud liked between them in
he sum Ut $50; that defendants DELIVERED to said
Isle oruer on the First National Bank Of
HALEY. signed by James Doniphan for sniu
amount; that said Lisle SOLD ANA assigned saiO
thuu " JVuu " OFItD tuAt TN november lZth,
$40. oeiendants ~ payment If an Indebtedness
lne by them to Mrs. u. Cline. delivered to said
hrs. q. Cline an order "n the First National Bank
II HALEY, signed by James DOniphAn, IN the sum
II $l5; said order WAS duly sold and asslgned to
J.hn O'Britn. That on November 2Uth lsgO the
defendants were !, debten to one Harry Wilson for
ants by said Wilson, in the of S40 that
ants delivered 10 snid Wil.ol III evidence of said |
c Ain an order on the First National Bank of |
HALEY. signed b! James Donphsn for $40; that |
Sid claim WAS duly assigned 10 John O'Bricn. |
That on February lst, 1891. defendants were IN !
debted 10 John eBrien on balance Of an account |
for goods. Wares aud merchandise sold and deliv-
ereu by said OBrien TO defendants duriAg the |
year 1870, in the sum Of $77 6s; that said account
no lsrt thsr-.f has been paid; that on February
I'd, 1891. said OBren sold aud assigned all Of his
said claims to plaintiff; that no rAitoi said claims
have been paid That on Dec mi or 3 tn 1870
defendants were indebted 10 Peter Hollis on an &C.
count for work and labor in the sum Of 800; that
defendants delivered to Hollis An Greer on the
Doniphan, i'll the sum OF $780, that thu aid
Hollis assigned saia cain 10 Harry Wilson and
that afterwards. on Februar. I'd. 1871 said Wilson
sold ana ASST ened said claim to this plaintiff that
no PAL / thereof HIS been paid. That on January
3lst. 1881. defendants were indeb ed to Harry
Milsen ON an account for work. labor and supplies
furnished by Wilson to defendants in the sum of
Sa60 20: that tn same is M due and no rart there
has leen paid; that on F.bruar, 2nd, 1891, said
Wilson assigned said claim to this plaintiff That
ON December 18th, 1880 defendants were inde bted
to one Green Cline. ON account agreed upon In
the sum of 1857 50; that defendants delivered to
aid Cline three oratrs on First National Bank OF
HALEY, signed by iam,s roniphan, in the follow.
ing sums to- wit: 800 80. 800, 500; that said Mrs.
Cline IA the wife OF said Green Cline: that the
aid sums are understood To be and are balances
due after former orders were paid; that on Deem
Der 18th. 1890. all If said claims were past due
that none " said claims nor any part thereof ex
ctpt Z? has BEEN paid that said orders OF writings
were presented to said bsuk aud pay me Mt refused
that on February I'd. 1891. said Green Cline sold
and assgnea said orders writings to this plain.
TIN, That on December 10Th. lslO, defend ants
were indebted to Il. l. iii Ks on an account In
the SUM OF $65 So stated and agreed upon. and de-
f-ndants deliver, d to said Hicks an order on the
Fret National Bank of HALEY for said sum, signed
by James Ooniphxn: that said Hicks assigned said
claim I" j. Fox; that on February I'd, 1851. said
J. Fox assigned q. i'd clam 81 this plaintiff; |
tbst SAID writing was preseL ted TO said bank for
payment and the same Refused, that no part of |
said claim has been paid except $o5 on December
22d. 1850. That IL January 3ist 1891. defendants
were indebted to n brown. on Au sccouat for |
services asa physician and surgeon during the /
year lso III the sum OF sos: that said claim wins due
November list. ls.0; that NO par, II the same has |
been paid that on bru,ry I'd, 1881, esid brown Ms
signed said claim 10 Il 10 plnintiG That On Jsnu.
ary 16sh 1881, ssid defendants ", re indebted to
re er weber. for horse. 'aPrisRe anu wagon hire
and horse feed. in the sum II 1854 So; thst no
n OF s-id claim has been paid: that on F-bru.
nry "a, 1881. said Weber sned said ella, M to |
tuls plaintiff That befenan,fta v.p.. nm tha u, |