Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1891-04-30


Jane. pon,pA.n. John Don,pa lip, r.E.
IOOtle, Morris A. Reed, and John I.
Murphy. Defendants.
The State Of Idsho sends greeting TO James DON
iphan John Don't phsn r. +. TOutle, Morris A.
Reed, and John 4. Murphy. Defendants:
You are hereby required to appear In an action
brought against you by the above nam d PLAIN
TN IN the District court OF !ne l"ur.n sau.c :.
Of Alturas. and to answer the complaint hled
therein within ten days exclusive Of the day OF
If served within this county; or. II served with
this county. but this district vii hiB twenty
days; otk erwise. within forty days, or judgment |
by defsult vii he taken against YOU according to
the prayer OF said complaint.
The la action Ia brought to recover payment
Of certain sums Of money due and owing Oy you to
this plaintiff, alleging: That at all time men,
toned herein and In plaintin's complaint You
were the owners OF the business known ~ the
Csinas No. 2 Mine, and that James Doniphan
acted ~ superintendent and general manager Of
said mining business That prior to December
Wilson account foI work labor and mate.
rails done and furnished aud supplied del endunts
at their st, and that on December LIST. 1880
said indebtedness 1t 1858 g. and sgYeed t. pay the
same thin sixty days with interest Vt the ste of
u per cent. per month. and to secure payment Of
ssid sum defendants executed writing obligatory
and delivered the to said Wilson; thst
prior 20 bringing this action said wilson sold aud
assigned said claim to this plaintiff that defend
arts were October goth. 1880. indebted to Harry
Wilson for work and labor AID supplies done, per-
formed and furnished to defendants by said Will
son. In the Gum of 500; that defendant James
DOniphan delivered 70 said Wilson order
the First National Bank Of bailey. for said 3300:
that said order WAS presented 1t said bank and
payment refused, for the reason that defendants
nor James DoniphAn had funds at said bank;
that said claim was due October lNth, 1850 and It
was sgr. Ell that said claim should draw Interest
vt 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. rhat on Feb
rusry ia. 1881, defendants we've II d. bted to plain
tit by bal nee on account a. per bill rendered III
the sim Of 80 40; that the same wss then due and
u paid hat On November 10th, $780, defendants
were indebted 70 LOUIS Rooney for work. labor
and mst.ri lie done, performed and furnished. in
the sum Of $lOO: that said ate said account
was allowed q I'D defendants executed and deliv.
cred ~ said Rooney order on First National
Bank Of HALEY for said sum; said claim WAS 70
bear interest from said date that pars OF aaid
CLAIM has bee paid; said Rooney sold and assigned
| sniu Claim 10 plaintiff That January 9th. 1851.
and performed by John Cline. In the sum Of
$l3G Oh; that said labor was performed IL 1880 snd
said claim WAS due January 9Th 1881 that no part
OF said claim has been paid; that said John Cline
sold and assigned cIat,nt this plAlntlH. That
on Novembs r Is h, 1880. defendants indebted
to g. Cline for work and la Dor done and perform
durlng 1880, in the sum OF $35: said sum was set.
| tied ana agreed upon. and an order given said q.
Cline Oh the First National Bank Of alley, signed
by Jane DuniphAn; the said claim all due
prior to November 18th. 1890, and no part thereof
has been paid; thxt sAiO claim was prior to Feb
runry ID 1891 sod and assigned to this plaintin.
That december LIST. 1n.O, Defendants were In
dekted to one }. =. keasul on account then set.
| tied. fxed and allowed in the sum OF S34. aud an
order given the Firtt National Bank Of Il alley
| and signed by James Uoniphan; that said claim
was due on December LIST. 1880; that part
thereof has been paid; that said writing WAS pre-.
scented to said bank tor IA. mtnt and pAy Rent
fused account CT their having no funds belong
| ing to The defendants; said claim was on Febru.
AIRY I'd, 1891, q. Id and assigned to this plaintiff
| That on october 25th, 1880. defendants were in.
| debted to F. F. Peck. on an account that day set
tied and fixed in the sum Of SlU5; that defendants
delivered to said Pee an ord on the First Ma
tonal Bank of Haley. signed by James Doniphan
that said order WAS presented to said bank and the
| bank refused pa, ment; that said claim was due
| ard no part thereof paid; tn said IF Peck cold
and assigned his said claim to this plaintiff. That
| defendants in the year 1880 became indebted to
gave each OF them orders on the First National
Bank of Aailey, signed by James Doniphan. TO-
wit; M.s e. cline So Fred. n. N.s -" $40; n.
Mcleod, $l2 90; J. NJ. Richardson. $25 OO; that
each OF these orders were given to cover claims
justly due fixed and agreed upon: that 10 part Of
any OF said claims has been paid, and that prior
to bringing this action al Of said elaine we're solo
and assigned to one Geo. A. Mcleod sno that on
February I'd, 1891, said Mel cod sold aud assigned
the same to this plaintiff. That ON November LIST.
ls9O. defendants were indebted to l.. N Lisle. "n
account then settled and hxed between them, in
the sum Of $50; that defendants delivered to said
Isle on the First National Bank of
HALEY. signed by James Dohiphun for said
amount; that said Lisle sold and assigned said
clam to John O'Brieh; that ON November 18th.
1870. defendants In payment of an Indebtedness
due by them to Mrs. u. Cline: delivered to said
Of HALEY. signed by James Doniphan, IN thu sum
of SIS; laid order was duly sold and assigned to
John O'Brt~n. That On November 2Uth. 1850. the
defendants were II dcbte'i to Harry Wilson, for
work and labor done and performed for defend
ants by said WILSON, IN the SUM OF $40 thst defend
ants delivered 10 said Wileon - evidence Of said
c aim an order on the First National Bank of
Halle. signed b, James Don,phan for $40: that
! hstd claim was duly assigned to John O'Brien.
! February OefeOdNnt0 VT e
debtei TO John y 'brien on balance Of an account
for goods. Wares aud merchandise sold and deliv-
| cred by ssid O'Brien to defendants during the
year 1870 IN the sum Of $l77 S. that said account
was all due prior 70 September lst. 1880. and that
I'd. 1891. said OBrien sold aud assigned all "f his
said claims to plaintiff that no part Of said claims
have been paid That on December til. 1880
defendants were indebted &c Peter Hollis, on
count for work and labor, in the sum Of 300; that
defendants delivered Ia Hollis an oraer the
First National Bank Of HALEY, siRued by Jane,
phan in the sum of 500; that there.i,er said
Hollis assigned SAIL ciaim TO Harry Wilson, xnc
that afterwards. on Fcbruar! I'd. 1891, said Wilson
sold ASST ned said LAIN IT, this plaintiff; thai
no part thereof has been paid. That on January
3lst, 1891. defendants were indeb ed 10 Harr,
furnished by Wilson to defendants. in the sum o
$3.50 20; that thc same Ia all due ana rart their
has been paid that on Fsbruar. end 1891. sale
Wilson assigned said claim to this plsintif Tha
on December 18th, 1850. defendants were indeb
to one Green Cline. on sccouut agreed upon. il
the sum of 1857 80; that defendants delivered I,
aid Cline three orL-rs on First National Bank o
HALEY. signed by James roniphan. in the follow
ing sums, o-wit 500 80. $780, 800: that said Mrs
G Cline il the wife of said Green Cline: that tn
aid sums are understood to be and IRE balance
due after former orders were paid; that ON Decenl
Der 18th. 1890. all If said claims were past due
that none If said claims nor any part thereof ex
cept 81 has been paid that said orders writing
were presented TO said bank and pay me INT refused
that on February I'd, 1891. said Green Cline sol
and assigned said orders writings to this plain
tin. That on December 10th, ls.O, defendant
we're indebted 70 one Il. L HI ks on an account Il
the sum of SOS so. stated and agreed upon. aud DE-
PENDANTS deliver to said Hicks An order ON til
First National Bank of HALEY for said sum. >ignS
ny James Doni phsn: that said Hicks assigned sni
claim a. J. Z Fox; that on February I'd, 1891. sal
J. Fox assigned sid clam (, this plaintiff
IL at said writing was presented TO said bank IL
payment and the same refused. that no part Il
said claim has been paid except $o5 on Decembe