The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1914-10-31
DID NOT ANSWER
IN CALDWELL CASE

The plaintiff! in the ~. C. r." suit
failed to answer within the required
60 days as had been expected and
now comes the next step in the case.
The accompanying affidavit was pre-
pared BY u. II. Caldwell's attorney,
w. F. Burnett, and speaks for itself:
Jay A. Caldwell, plaintiff, versus
James H. Caldwell, defendant.
James II. Caldwell being first duly
sworn deposes and says that during
thirty-one years last past he has been
and now is a resident and freeholder
Of the County of Stark and State of
North Dakota, and that he is the per-
son named as Defendant in the above
entitled; action. s@:a %s- -..a
That q summons and verified COM
plant in said action was filed in the
office Of the Clerk of the District
Court, Stark County, North Dakota,
on the 9th day of August, 1914.
That said complaint purports to be
verified by Jay A. Caldwell. ~ r.
Afiant further states that Jay A.
Caldwell was the son of affiant, and
that the person who signed and veri-
fed said complaint was not Jay A.
Caldwell, but was an imposter and
that the purported verifcation to said
complaint by Jay A. Caldwell is a
forgery Il .[,4....,5., 80 -. s...E
Affiant further states that J.. W.
Sturgeon, the notary public before.
whom said complaint was verified,
had no knowledge that the. plaintiff
was the person he pretended to be-: !:
and that The attorney for the plain
tiff, F. E. McCurdy, who asigned the
summons and complaint, had no,
knowledge that the said plaintiff was
Jay A. Caldwell, the person he pre-
tended to be. ~ ,fg -; 60. =
Affiant further states that, on the
9th day of August, 1914, the said
plaintiff filed a notice of lis pendens
in the office Of the Register Of Deeds,
Stark County, North Dakota, against
the lands of affiant which. are in said
lis pendens more particularly de-
scribed, which lis pendens was re-
corded in Book As on Page COZ in
the office Of the Register Of Deeds,
Stark County, North Dakota.
elapsed since the filing of said COM
plant, and the filing of said lis pen
dens, and that no copy of the sum,
mons and complaint has been served
on affiant.
Affiant further alleges that the
person who signed and verified said
complaint was a paraletic and a re-
Gently escaped inmate Of the hospital
for the insane at Rochester, Mime
sofa, and person mentally incompe-
tent.
That the above named plaintiff was
procured to sign and verify said COM
plant by one J. D.. Greenbaum, who
pretended to be lawyer, with offices
in the Ashland Block, Chicago, ILL
nois, and a Mrs. n. T. Pitkin of No.
655 Groveland Park, Chicago, Illinois.
That the said j. D. Greenbaum and H.
T. Pitkin well knew that the said
person who signed and verified said
complaint, was not Jay A. Caldwell,
and affiant alleges on information
and belief that in truth and in fact,
he was the son of Mrs. II. T. Pitkin.
Affiant further alleges that the al
legations of the complaint are false
and untrue in every particular, and
that they were known to be false and
untrue at the time they were made
by the said J. G. Greenbaum and II.
T. Pitkin. d., g -sr .r..
Affiant further states that he, Of
fered to admit service of the sum-
mons and complaint and requested
the same to. be served on him, but
that F. E. McCurdy, attorney for the
plaintiff, refused and declined to
serve the said complaint, and affiant
alleges that said action was not COM
menced in good faith but solely for
the purpose of harassing the defend
ant and hindering him in the trans
fer and disposition Of his property,
and for the purpose Of tying up the
same during the period that the lis
pendens was in force.
Affiant makes this affidavit for the
purpose of securing an order direct
ing the plaintiff to show cause why
said action should not be dismissed
and said lis pendens cancelled and dis
charged, =.
Subscribed and sworn to before me
this 28th day Of October, 1914.
(Seal)t w. F. BURNETT,
Notary Public, Stark Co., N. D.
My commission expires November
20th, 1919.
Upon reading the foregoing affi-
davit Of James FL. Caldwell, it. is or
dered that the above named plaintiff
show cause before this court in
chambers at Dickinson, North Dako-
ia, on the 31st day of. October, A. d.
1914, at. 10 a. M, why said action
should not be dismissed and said lis
pendenss cancelled and discharged.
Let a copy of this order be served on
f. E. McCurdy not later than Octo-
ber %, 1914. Il 81
~ BY the Court.
&. w. C. CRAWFORD,
Judge.
Dated: October 2s, 1914.
Mrs. Perry McHenry returned
Tuesday to their farm southwest of
Sentinel Butte. Mr.. McHenry was
p S~1r