The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1912-02-29

county OF OWynee.
The Bibbins-Afyer Co., Ltd, a Corporation,
Plaintiff,
vs..
Metallic NJ. & NJ. Co., a Corporation, George 4. |
Miller, George T. Miller, ir., John J. Mil |
ler 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 no APP
PEAR In an action brought against you by the
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
complaint filed therein "a copy of which
is hereto atteched) within 20 days (exelu-
sive of the day of service) after the service on
you Of this summons, ii served within this dis
tet; or ifseryed out of this district within forty
dogs.
This action is brought to recover from you
the sum of S3237.95, 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 $251.98, with interest thereon at seven per
cent per annum from June l, 1908, and for
1910, in the sum of $14s0O, with interest at like
rate from April p, 1910. Also, for rental OF a
compressor plant in the sum of sls5oOO with
interest at like rate from October l, 1910, said
compressor plant having been rented to you by
Trade Dollar Extension Mining Co. from Aug. l,
| 1908, to Oct ], 1910, and 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. 1, 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
500 20, with interest thereon from Jan l, 1870 at
like rate, said services having been rendered be-
/ tween January !. 1908, and January l. 1910, by
Ed Matheson. and said account having been by
him assigned to plaintiff Also for services in
freighting and teaming and for livery hire in
the sum of $s24O 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 plaintiff. Also for ser
vices in freighting, and for freight charges adj
yanced in the sum OF $97.s7, with interest there
on at like rate from May 5, 1905, said services
having been rendered and charges advanced by
L. G.. Gardner in 1908, and having been by him
assigned TO plaintiff. Also for labor and ser
vices in the sum OF $990O with interest thereon
at like rate from June J. 1908. said labor and
services having been performed by Fred Weber
in 1908, and said account having been by him
assigned to plaintiff. Also for labor and services
in the sum OF $500, with interest thereon at
like rate from June T. 1905, said labor and
services having been performed by John S.
Halves in 1908, and having been by him as
signed to plaintiff. Also Tor labor and services
in the sum OF Sl09.50, with interest thereon at
like rate from June j. 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 $40 co. with interest at like rate from May
/, 1908, said services having been performed in
1908, by F. W. Hulett and said account hay
ing been by him assigned to plaintiff. Also in
the sum OF $3.50, with interest thereon from
May l, 1908, for labor and services performed
by ]. w. G. smith in l9Os, said account having
been by him assigned to plaintiff. Also in the
sum OF s30s25, with interest thereon from Jan.
/, $780, 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
tiff.
Said complaint further alleges that the de-
fendant Metallic NJ & 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 or
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 T. Miller, George T. Miller ir., John
j. Miller, Sol Walters, A. b. Bennison, A. Bay
ley Bennison and P. NJ. Miller, the officers,
agents and representatives, of said defendant,
Metallic NJ 4 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. g. NJ.
Co., was in default OF the requirements oflaw
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 of
the State Of Idaho, in and for the County of
Owyhee, this 22d day of January, in the year of
our Lord one thousand uine hundred and
twelve.
(signed) j. S. ST CLAIR
[sEALl Clerk