The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1912-02-08


The Bibbins-Myer Co., Ltd, a Corporation,
Plaintiff
VS.
Metallic NJ. & NJ. Co., Corporation, George T.
Miller. George T. Miller, jrs John j Mil
Ter, Sol Walters, A. B. Bennison, A. Bayley
Bennison and P. NJ. Miller,
Defendants.
THE STATE OF IDAHO
Sends Greeting to the above named Defendants;
YOU ARE HEREBY. REQUIRED TO APP
PEAR In an action brought against you by the I
above named plaintiff in the District Court OF
the Third Judicial District, State of idaho in
and for the County Of Owyhee and to answer the I
complaint filed therein "a copy of which
is hereto attached) within 20 days (exelu- (
siye Of the day Of servicel after the service on
you Of this summons, if served within this dis
tret; or fserved out OF this district within FORTY
dogs.
This action is brought to recover from you
the sum OF $32S795 besides interest and costs,
on twelve different causes OF action, to wit:
For goods, wares and merchandise sold and
delivered to you by plaintiff in 1908, in the sum
OF S25l.9S, with interest thereon at seven per
cent per annum from June l. 1905 and for
money paid out by plaintiff at your request in
1910, in the sum OF $14s00, with interest at like
Idte iIoui Apfii Is t5lv- Also1 ipL Itutdi VI
compressor plant in the sum OF sl95O00 with
interest at ike rate from October i, 1910, said
compressor plant having been rented to you by
Trade Dollar Extension Mining Co from Aug. l.
l90S, to Oct L 1910, ana said account having
been assigned to plaintiff. Also for lumber sup
plies and services as forwarder in the sum of
5000, with interest thereon at like rate from
Jan. l, 1910, said lumber, supplies and services
having been contracted for by you with the
Murphy Lumber Company and said account
having. been by said Company assigned to
plaintiff. Also for services in transporting
freight, express and passengers in the sum OF
$40 70 with interest thereon from Jan. l. 1910, at
like rate, said services having been rendered be-
tween January ]. 1908, ana January l, 1910, by
Ed Matheson. and said account having been by
him assigned to plaintiff. Also Ior services in
freighting and teaning and for livery hire in
me sum OF $3240 viii interest thereon in the
sum OF seven per cent per annum from March 5,
1908, said services having been rendered in 1908
by Gardner Brothers, and said account having
been by them assigned to plainhfC Also for SER
vices in freighting, and for freight charges adj
vanced in the sum OF S9fSl, with interest there
on at like rate from May s. 1905, said services
having been rendered and charges advanced by
L. c. Gardner in 1908, and having been by him
assigned to plaintiff. Also for labor ana ser
at like rate from June !, lgOs said labor and
services having been performed by Fred Weber
inl9OS, and said account having been by him
assigned to plaintiff. Also forlabor and services
IN the sum OF 5000, with interest thereon at
like rate from June I, 1905, said labor and
services having been performed by John S.
Hawes in 1908, and having been BY him as
signed to plaintiff Also for labor and services
in the sum OF sl09.50, with interest thereon At
like rate from June l. 1905 said labor and ser
vices having been performed by W S. Cook in
1908, and having been by him assigned to plain
tiff Also for services as surveyor in the sum
OF $1,000, with interest at like rate from May
/, 1908, said services having been performed in
1905, by F W. Huett and said account hav-
ing been by him assigned to plaintiff Also in
the sum OF $3.50, with interest thereon from
May /, 1905, for labor and services performed
by ]. w. G. Smith in 1908, said account having
been by him assigned to plaintiff. Also in the
sum OF SSOS.25, with interest thereon from Jan.
l, 1870 said sum being the reasonable price
and value OF track and equipment loaned you
in 1908 and 1909, by A. f. Stevens, and the said
amount being the sum agreed upon by you to
be paid said A. F. Stevens and said account
having been by said Stevens assigned to plain
till
said complaint fursher alleges that the de-
fendant Metallic NJ. q NJ Co. is a foreign cor
poration engaged in the business OF mining in
Owyhee County, Idaho, and that said defend
ant has failed to file copy of its articles OF
Incorporation in this state as required by law,
and has failed to designate an agent upon
whom process issued by the authority of OF
under the laws of the State of Idaho could be
served, as required by law; and that the con
tracts and agreements entered into, and the
obligations incurred, as in said complaint set
forth, were made and incurred by defendants
George I. Miller, George T. Miller, jr., John
J. Miller, Sol Walters, A. b. Bennison, A, Bay
ley Bennson and P. NJ. Miller the officers
agents and representatives, of said defendant,
Metallic NJ. & NJ. Co, on behalf Of said defend
ant company, and for its use and benefit, and
that all Of said contracts and agreements were
entered into, and all Of said obligations incur
red, in Owyhee County, Idaho, while and dur.
ing the time said defendant, Metallic NJ. d NJ
Co., was in default OF the requirements OF law
as in said complaint set forth.
And you are hereby notified that if you fail
to appear and answer the said complaint,
as above required, the said plaintiff will
take judgment against you for the sum demand
in the complaint
Given under my hand and the seal of the
District Court Of the Third Judicial District o
the State of Idaho in and for the County o
Owyhee, this 22d day OF January, in the year o
our Lord one thousand uine hundred ant
twelve.
Csigned) ]. s. ST CLAIR
SEAL Clerk
Smead, Elliott and Healy,
Attorneys for PLAINTIFF,
Residence Silver City, Idaho.