The Madisonian. (Virginia City, Mont.) 1873-1915, 1896-02-01
Alias Summons.

N the district court Of the Fifth judicial Dis
strict o [ the state OF Montana. in and Tor the
county of Madison. Frank j. Emerson. plain
tiff, VS.. Eagle Hill Placer Mining CoInptny, q
corporation, defendant.
trict cour. of the Fifth judicial District of the
state of Montana, in and for the county of
Madison, and complaint filed in said county OF
Madison. in the office OF the clerk of Said dis
trict court.
The State of Montana sends greeting to the
above named defendant;
You are hereby summoned to answer the
complaint in this action which is filed in the
office Of the clerk Of this court, a copy o which
is herewith served upon you, and to file your
answer and serve a copy thereof upon the plain
tin's attorney within twenty day after the SER
vice of this exclusive OF the day of
service: and in case Of your failure to appear
or answer, Judgment will be taken against you
by default for the relief demanded in the COM
plant.
Said action is brought to obtain Judgment
eight and 55-l0O Dollars (S26S.55), balance due
plaintiff from defendant for work and labor
done and performed by plaintiff as q miner, at
al i by agreement made and entered into with
defendant during a period OF time commencing
on the ssth day Of April, 1895: and ending on
legtng that commencing on April! 29th, 1895. and
ending August 18th, 1895, plaintiff did and per-
formed said work and labor on lot so. described
as follows, as to the interest of the defendant
therein tO-wit:
An undivided Dne-halt interest in al d to that
certain placer mining cIalIl, situate Ill Wnal is
known as. and commonly called, Bachelor
Gulch, tributary of Alder Gulch, in the coun
ty OF Madison, state of Montana. and desig-
mated and described in the patent thersfor as
Lot numbered fifty (5) in township seven ca
south Of range three () west, and is particularly
described in the patent therefor as recorded in
Madison county, state of Montana. which said
record is hereby referred to FOR greater certain
ty; together with the Water-rlghts, bitches. res
ervoirs and water usually had and enjoyed
Herewith.
And commencing on August 18th, 1895. and
ending on September 29lh. 1895. plaintiff die
and performed said work and labor on Lot IS,
described as follows, as to the interest ofthe de.
PENDANT therein. to wit
An undivided one-half interest in and to a.
of that certain placer mining claim, situate il
tho Summit I(unorganIzed) mining district, "
the county of Madison. state of Montana. an,
described and designated in the original pa
and survey thereof as Lot numbered thirty.
eight (3S) in township seven % south of range
three () west of the Montana meridian. as de.
scribed in the patent therefor: as recorded il
Book 50. page 10, of the Records of said Madi'
son county. state Of Montan,, which said rec
ord is hereby referred to for greater certainty
o osse'vi saia 'n lot ex wsi e ,ie esa' up paa
OF the old reservoir, now used as a sand dam 81
said claim; the line thereof is marked by TIVE
line with the upper line of said dam. And TO
the foreclosure of the lien described IN the com
plainI. which sald Lien attaches and arplIes t
interest of the defendant therein
And for the sum of Six Dollars CSC COZ
amount paid by plaintiff tor making and flinl
a lien upon said described premises for tn
amount OF money so due p~laintIff, as aforesaid
and for a reasonable attorneys fee for ~foreclos
ing said lien. And that the premises above de
scribed, and the extent of defendants interes
therein, together with the appurtenances b
sold according t. law and the practice of thi
court. and that the proceeds be applied to tn
payment of the plaintiff claim, and the cost
of said action, and costs of such sale. Refer
ence is hereby made to SAID complaint, whlc
! IS made a part hereof.
Witness my hand and seal Of said court thi
seventeenth day of January. Qs96 } in the yea
"t our Lord, one thousand. eight hundred an,
ninety-slx.
SEAT THOMAS p'S'1 1isik.
Lew l.. CALLAwAY,
Attorney tor Plaintiff
First publication January is, 1896. 1874