Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-11-20
notice or summons for the bringing or

The said Bartlett & King has here
tofore filed plea to the jurisdiction Of
this court, which plea has been sub
mitted to the court, and which said
plea was continued by the court for
further consideration. The court fur
Their finds that the said corporation,
Bartlett & King is now enga ged in
erecting and constructing public
work within the state of Nebraska for
the government Of the United States,
and that all Of its officers and agents
are now in the state Of Nebraska en-
gagged In such work and will be for
quite period of time in the future,
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 & Killing
reserving that question for future
consideration.
The court further finds that G. l..
Bartlett Is the president, general man.
ager, secretary and treasurer of the
said Bartlett & King, and the court
further finds that there ia no other Of
fcer 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 q bond
given by Bartlett & Killing to the Unit
ed States.
The court therefore orders in open
court, In, the presence OF counsel for
the plaintiff and in the presence 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, 1t is ordered that
1t the said defendant. Bartlett & King,
appear In this court and plead, answer
or demur herein on Tuesday, the
S1st day Of March, A. D., 1914, at 1870
o'clock in the afternoon Of said day
And 1t appearing to the court that this
suit was commenced by the said plain
tiff on the 2sth day Of July, 1918 by fl
ing 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 IL
brought, was then, at all times has
been, and still is q citizen and 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 30 finds that the said application
should be granted.
It Is ordered that the said Bartlett 4
Killing, a corporation, q defendant here
In, shall appear. plead answer or de-
muir to said petition of the PLAINTIFF on
or before the hour Of 80 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
nil ~
Wapello county, Iowa.
1t Is further ordered that certified
copies Of this order and plaintiffs petit
ton be served on the said Bartlett &
Killing by serving the same on the said
president and general manager thereof,
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 for
the district OF the state Of Nebraska. or
by the United States marshal or q
deputy marshal for the northern dis
trict Of Iowa.
It is further ordered that IN the event
Of failure Of said service aforesaid by
the said marshal or deputy Of the dis
trict Of Nebraska or by the said mar
shall or deputy for the northern dis
trict OF Iowa, within ten days of the
date hereof, then and in that event this
order shall! be published in the Ottum-
va Tri-Weekly Courier. newspaper
OF general circulation published at o..
tumwa, Iowa, for at least once each
week for six consecutive weeks.
Done in open court at Ottumwa,
Iowa, this October 30th. 1913.
Smith Mcpherson, Judge.
United States OF America, Southern
District Of Iowa, Ottumwa division,
IS.
l, William c. Macarthur, Clerk OF the
United States district court in and for
the southern district Of Iowa, do here
by certify that the above and forego-
ing is a full, complete, exact and
true copy Of the order Of said court
made in said case on October 30th 1918.
Witness my hand and the official
seal Of said court at Ottumwa, Iowa,
this October 30th, A. D., 1913.
VIM. c. Macarthur, Clerk United
States District Court, by Rilla stain,
Deputy.