The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-23

STATE OF MINNESOTA, COUNTY OF RAM.
sey-Distrtct Court, Second Judicial District.
James B. Secombe, Plaintiff, VS.. The Lake
Minnetonka Navigation Company Ia Cor
poration) Of st. Paul. Mimi, Charles A.
Zimmerman, Michael G. Healion, Payton S.
Davidson and James ]. Hill, Defendants.
Order Setting Time in Which Creditors May
Intervene and File Their Claims
1t appearing that the above entitled action
corporation, The Lake Minnetonka Navigation
Company, and its stockholders to enforce in
behalf of the creditors of said company the
constitutional liability Of such stockholders.
Now therefore, upon the complaint on file in
this action and upon the affidavit of Edward
B. Graves on file herein, and upon all the files,
records and pleadings in said action and upon
the motion Of the plaintiffs attorney.
1t is hereby ordered, that any person having
a claim against the defendant corporation,
The Lake Minnetonka Navigation Company
may and is hereby permitted to, Intervene
in this action foI the purpose of sharing in
any benefits of any Judgment that may be
selves entitled to thus share; and,
1t is further ordered that all such persons
having such claims and desiring to thus inter-
vene and to thus share in the benefits of any
such judgment shall exhibit and present their
claims herein by serving upon the plaintiff s
attorney their several pleadings in this action
setting forth their several claims and by fl
ing such pleadings in the Office Of the clerk of
this court in this action within seven m
months from the first publication of this order.
such parties thus filing and serving such
pleadings setting forth their claims shall be-
come parties to this action; and
1t Is further ordered that any creditor of
said corporation who shall fail to so intervene
and to so serve and file their pleadings set
ting forth their respective claims as aforesaid
within said time hereinbefore fixed by this
order, snail be precluded from all benefits
Of any Judgment which may hereafter be
rendered herein and from any distribution
which shall be made under such Judgment:
and,
1t is further ordered that the plaintiff or
defendants, any of them, or any creditor
who shall hereafter intervene in this action
in accordance with this order, or anyone else
who shall become party to this action who
shall desire to put in issue the facts stated
in any of the claims so exhibited, or in anv
of the pleadings setting forth such claims
shall do so by filing their answers thereto in.
the office Of the clerk Of this court in THIS
action within thirty days after the expiration
Of said seven months; and,
1t is further ordered that this order shall
be served by publication thereof as an adver-
tisement in the st. Paul d ally Globe.
daily newspaper published in the City of St
Paul County Of Ramsey, State of Minnesota
for six successive weeks upon Tuesday of
each week, and by mailing within thirty davs
from the date hereof copy hereof to avery
known creditor of said defendant corporation
said The Lake Minnetonka Navigation Com
pany, as shown by the schedule of such credi-
tors, filed in this court in the matter of the
Assignment of The Lake Minnetonka Navi
cation Company.
Dated Jan. 18th, 1897.
GEORGE L. BUM.
Judge of the District Court
Filed Jan. 49, 1897.
Edward P: Graves. Attorney for Plaintiff, No.
Sl0-6n New York Life Building, ST. Paul,