Court Summons
STATE OF CALIFORNIA
County of El Dorado, ss,
In the District Court of the Eleventh Judicial District
J.M. Higgins vs. C. Bayless, W.M. Higgins and E.Y. Salmon.
THE People of the State of California to W.M. Higgins, one of the above named
defendants, Greeting:
YOU ARE HEREBY SUMMONED to be and appear before Hon. District Court of the
Eleventh Judicial District, in and for said county and State, and show cause,
if any you have, why you should not be bound by the judgement rendered in said
court on the 4th day of February A.D. 1854, in favor of the above named plantiff,
and against the joint property of all the above named defendants, and the joint
and seperate property of the defendants, C. Bayless and you are hereby required
to appear and answer within ten days, if service hereof be had on you in this
county, within twenty days if out of this county, but in said District, and
within forty days if out of said county or District (exclusive of the day of service,) or
plantiff will take judgement against you by default, as above specifed, together
with costs of suit.
The Nature of this action is more particularly set
forth in the affidavit of plantiff's attorney accompanying this summons.
Witness my hand with the seal of [L.S.] said
court affixed, at office in Coloma, this 12th day of October, A.D. 1854.
A. ST. CLAIR DENVER, Clerk
State of California,}
El Dorado County}
J.M. Higgins vs. C. Bayless, W.M. Higgins and E.Y. Salmon
Personally came before me L.A. Norton, who being
duly sworn, deposes and says that on the 4th day of February, 1854, the above
named defendants were partners in business in the town of Placerville, county and
State aforesaid, that while partners as aforesaid, they did as aaffiant is informed
and believes, became jointly and severally indebted to the said J.M. Higgins in the
sum of $924.16, whereupon said J.M. Higgins brought suit, and said on the 4th day
of February, 1854 did obtain a judgement before the Hon. District Court of the
Eleventh Judicial District for the sum of $924.16 debt, and $179.20 costs against
the joint property of the several defendants, and against the individual property
of the properties served; that, the said William Higgins, one of the defendants, was
not served with process, and that he is residing out of this State. That all due diligence
has been used to make the aforesaid sum of money, and costs out of joint property of
defendants or the seperate property of those served, but have wholly failed so to do and
the sum of $924.16 debt, together with $179.20 costs, with interest thereon, has not
been paid, nor any part thereof: wherefore plaintiff prays the Hon. Judge of the District
Court to order publication of summons requiring the said Wm. Higgins to come in and show
cause in and show cause,
L.A. NORTON
Subscribed and sworn, this 2d day of October, 1854.
Witness my hand and official seal,
[L.S.] R.M. ANDERSON,
Notary Public
On reading the within affidavit of L.A. Norton, attorney
for the within named J.M. Higgins, it is ordered that the defendant W.M. Higgins be
summoned to show cause why he should not be bound by the within mentioned and
described judgment: It is further ordered that he be served by the publication of a
summons, accompanied by the within affidavit, in the Mountain Democrat, a
newspaper published in Placerville, in said county, for three months.
Given at Chambers, In Coloma, this 5th day of October, 1854.
J.M. Howell,
District Judge 11th Judicial District
I hereby certify the above to be a true copy of the original order.
Attest: A ST. CLAIR DENVER