The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-08-15
SUMMONS.

IN THE DISTRICT COURT OF THE
Third judicial district of the state of
Utah, county of Salt Lake.-Wells, Fargo
& Company, a corporation, plaintiff. VS..
Idaho Gold Mining company, a corpora
ton, the Union Mining & Milling com
pany, a corporation, w. c. Gurnsey, f. r.
Mccoy, F. c. Hanson, c. Shoemaker
James Lyon, William NJ. Lacy. Frank A.
Putnam, August Bostrum, George l.. Hal
version. j. C.. Drum, j. II. Porter, z. e.
Chalmers, G. R. Munns, ]. H. Dean, D. D.
Hunter and A. B. Dawson, partners IN
der the firm name of Hunter & Dawson,
William A. Means, VIM. Winchen and
O'Neill, partners under the firm name of
WincheI & ONeill, George w. Moffat
First National Bank of Ogden, Utah. a
Hedges, defendant Summons: The state
of Utah sends greeting to Idaho Cold
Mining company, corporation, the Union
Mining & Milling company. corporation
w. c. Gurnsey. f. K. Mccoy, F. C. Han
son, c. Shoemaker, James Lyon, William
NJ Lacy Frank A, Putnam, August Bos-
]. H. Porter, E. e. Chalmers, c. r.
Munns. ]. H. Dean, D. D. Hunter and A.
b. Dawson, partners under the firm name
of Hunter and Dawson, William A
Means, VIM. Winchell and = O'Neill
partners under the firm name Of Winchell
& O'Neill, George w. Moffat, First Ma
ton. John Novac and John H. Hedges,
defendants. You are hereby required to
appear in an action brought against you
by the above named plaintiff in the dis
trict court of the Third judicial district
of the state of Utah, 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 the county: or, if served out Of
this county but in this district, within
twenty days; otherwise within forty days
or judgment by default will be taken
against you, according to the prayer OF
said complaint. The said action is brought
TO nave judgment that defendants, and
each of them, be restrained by injunction
from taking any proceedings against
pialntln in relation to certain money in
the sum of $5060.22, which money is now
In plaintiffs keeping, being deposited by
the Idaho Gold Mining company in COM
pilance with the condition of an option,
wherein and whereby in consideration of
certain payments therein named to be
made, and which have been made. said
de1endants. GurnSey, Mccoy, Hanson,
Shoemaker, Lyon, Lacy. Putnam, Bos-
trum, Halverson, Drum, Porter. Chal-
merS, MunnS and Dean contracted to sell
ana convey certain mining properties sit
qated in the county of Bingham, state OF
1daho; said money being in escrow for the
use ana benefit of said defendants named
tnat the other defendants claim an inter-
est IN said moneys: that plaintiff is iguor-
anE OF the respective rights of said de-
fendants; that plaintiff has no claim upon
SAID property. except the sum of S25 fses
and commissions. which it is entitled to-
ana is ready and willing to deposit said
money INTO court, or deliver same to such
persons as court viii direct: that defend
ants be required to interplead together
concerning their respective claims to said
moneys; that upon plaintiff paying the
said funds into the hands of the court it
De discharged from all liability to every
or any of the above named defendants in
relation thereto. And that the plaintiff s
costs. together with an attorneys fee of
200. be paid out of the same, and for
other relief. And you are hereby notified
that If you fail to appear and answer the
said complaint as above required. the said
plaintiff will apply to the court for the
reIlef demanded threin.
Witness, the honorable judges. and the
seal of the district court of the
Third judicial district. in and for
lSeall the state of Utah. this End day of
July, in the year of our Lord one
thousand eight hundred and ninety
seven.
DAVID c. DUNBAR. Clerk.
BY Gen. D. Loomis. Deputy Clerk.