The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-26

STATE OF MINNESOTA, COUNTY OF RAM
sey-District Court, Second Judicial District.
James B. Secombe Plaintiff VS.. The Lake
Minnetonka Navigation Company Ia Cor
Zimmerman, Michael c. Healion. Payton s.
Davidson and James J. Hill, Defendants.
Order Setting Time in Which Creditors May
Intervene and File Their Claims.
1t appearing that the above entitled action
is an action brought against the defendant
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 pleadngs 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 fol the purpose Of sharing in
any benefits Of any Judgment that may be
rendered herein as they shall show them
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 plaintiffs
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 Cd
months from the FIRST publication Of this order,
as hereinafter provided, and that thereupon
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, shall 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 or 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
In any of the claims so exhibited or in any
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 adrer-
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 days
from the date hereof copy hereof to every
known creditor of said defendant corporation
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, aass
Judge OF the District Court. I
Filed jan. TO- 1897.
Edward E. Graves, Attorney for Plaintiff, No.
Sio-6n New York Life Building. st. Paul,