The complaint in this case was filed in the United States court for the Indian Territory on March 17, 1890, and on the same day the clerk of that court issued the following summons:
'United States of America, Indian Territory.
'The President of the United States of America to the Marshal of the Indian Territory: You are commanded to summon George A. Eddy and H. C. Cross, receivers of the Missouri, Kansas and Texas Railway, a corporation, to answer, on the first day of the next April term of the United States court for the Indian Territory, being the 7th day of April, A. D. 1890, a complaint filed against them in said court by Sallie M. Hailey and Ben. F. Lafayette, and warn them that upon their failure to answer the complaint will be taken for confessed; and you will make due return of the summons on the first day of the next April term of said court.
'Witness the Honorable James M. Shackelford, judge of said court, and the seal thereof, at Muscogee, Indian Territory, this 17th day of March, A. D. 1890.
'Wm. Nelson, Clerk.'
The summons bears the following return:
'Received this summons at 2 p. m., March 17, 1890, and I certify to having served said summons by leaving a copy thereof with J. W. Williams, the agent of the within-named defendants, at Muscogee, this 17th day of March. 1890.
T. B. Needles, Marshal.'
The complaint began as follows: 'The plaintiff Ben. F. Lafayette, white, and residing in the Indian Territory, and plaintiff Sallie M. Hailey, an Indian, and residing in the Indian Territory, allege that defendants, George A. Eddy and H. C. Cross, white men, were at the time hereinafter mentioned, and are now, the receivers of the Missouri, Kansas & Texas Railway, a duly-incorporated railroad company doing business in the Indian Territory, and operating its railroad through the Indian Territory under and by virtue of the laws of the United States, and that said George A. Eddy and H. C. Cross were on the ___ day of _ duly appointed as receivers of said railroad by the circuit court of the United States for the Eighth judicial circuit.' It proceeded to allege that the said railroad was located near the premises of the plaintiff Sallie M. Hailey, in the Indian Territory; that the defendants had negligently permitted large quantities of dry grass and weeds to accumulate on the railroad right of way, which was 100 feet in width on either side of the track; that the defendants on August 20, 1889, were operating and running over the road an engine, No. 63, which was not supplied with the best appliances for arresting sparks of fire; and that, while using the engine upon the road near the premises of the plaintiff Sallie M. Hailey, they negligently permitted it to cast sparks and coals of fire into the dry grass on the said right of way, thus starting a fire which spread over the land of the said plaintiff, and there destroyed large quantities of hay, which she and the plaintiff Ben. F. Lafayette had jointly put up and cured, and in the proceeds of the sale of which the plaintiffs were in certain proportions to share. It was averred that the amount of the hay so destroyed was 666 1/2 tons, of the value of $2,666, for which sum the plaintiffs asked judgment.