Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-12-11

files an amendment to motion of plain
tiff for service of summons or notice.
The court finds that the said Bartlett
& Killing, a corporation, defendant
herein, is not a resident Of this judicial
district; has no place of business in
this judicial district, and has no offic-
er or agent within this judicial district.
The court finds as matter or fact
that by the articles of Incorporation Of
the said defendant, Bartlett & Killing,
that the defendant agreed to have and
for quite period of time did have. and
maintain an office at Cedar Rapids,
Iowa, being within the northern jul
dicial district Of this state; but the
court further finds that at all times
since this action was commenced the
said Bartlett & King has not main
tanned an office at Cedar Rapids, Iowa,
or at any other point within the state
of Iowa, and has had no officer or
agent within the state of Iowa at any
time since this action was commenced,
unless Crosby & F'ordyce, attorneys at
law, of Cedar Rapids, Iowa, are agents
or representatives of said corporation,
a point not now ruled on.
The court further finds that the said
defendant corporation, Bartlett q
section 1912 of the supplement to the
Iowa code by designating the secretary
of state of the state of Iowa as party
upon whom service could be made, or
authorizing him to accept service or
notice or summons for the bringing or
tendency of an action in any court.
The said Bartlett & King has here
tofore filed plea to the jurisdiction of
this court, which plea has been sub
<~ nj md
plea was continued by the court for
further consideration. The court fur
Their finds that the said corporation.
Bartlett & King, Is now engaged in
erecting and constructing a public
work within the State Of Nebraska for
the government of the United States,
and that all Of it's officers and agents
are now in the state of Nebraska en-
gagged in such work and will be for
the exact time not being known to the
court. But the court in making the
foregoing findings does not rule as to
whether or not said Crosby & FOrdyce
are agents Of the said Bartlett & King,
reserving that question for future
consideration.
The court further finds that c. L.
Bartlett is the president, general man
ager, secretary and treasurer Of the
further finds that there is no other Of
f1cer Of said corporation.
The court finds that this action is to
recover for claims for material and
labor in the erection of the government
building at Ottumwa, Iowa, on a bond
given by Bartlett g. King to the Unit
ed States
The court therefore orders in open
court, in the presence of counsel for
1o;, fIn of
counsel presenting this plea, as fol-
lows:
This case coming on to be heard
upon the original application, and also
upon the amendment to the motion,
for service Of summons or notice on
said Bartlett & King, it is ordered that
it the said defendant, Bartlett & King
appear in this court and plead, answer
or demur herein on Tuesday, the
31st day of March, A. D., 1914, at 1:3O
o'clock in the afternoon Of said day.
And it appearing to the court that this
suit was commenced by the said plain
tiff on the 2Sth day of July, 1913, by fl
ing g. petition herein against it the said
defendant and the Fidelity & Deposit
Company of Maryland, and that the
said American Radiator Company, for
whose use and benefit this case is
brought, was then. at all times has
Deen, ana sun Is d ClllZeIl anu resident
of the state of New Jersey, maintain
ing an office in the city of Chicago
state of Illinois, and the said American
Radiator Company is an inhabitant OF
the said state of New Jersey and OF
the said state Of Illinois.
And the court being Of the opinion
| and so finds that the said application
should be granted.
1t is ordered that the said Bartlett &
King, a corporation, defendant here
in, shall appear, plead, answer or de-
muir to said petition of the plaintiff on
or before the hour of 1870 of the after
noon of said 31st day Of March, A. D..
1914 that being the second day Of the
next term Of this court, at the court
room thereof in the city Of Ottumwa
Wapelo county, Iowa,
1t is further ordered that certified
copies of this order and plaintiffs petit
ton be served on the said Bartlett &
King by serving the same on the said
or any other authorized agent of said
Bartlett & King, at least twenty days
before the date above named, and that
the said service be made upon said
defendant, Bartlett & King, by the
United States marshal or deputy fol
the district of the state Of Nebraska, OF
by the United States marshal or a
deputy marshal for the northern dis
trict of Iowa.
It is further ordered that in the even,
of failure of said service aforesaid by
the said marshal or deputy of the dis
trict Of Nebra ska, or by the said mar
shall or deputy for the northern dis
tr:ct Of Iowa. within ten days of the
date hereof, then and in that event this
order shall be published in the Ottum-
ia I'ri-Weekly Courier, a newspa pcl
,, Of general circulation published at OF