Studies in Civics Part 45

SUMMONS.

State of _____, }ss.

County of ____ }

[Footnote: This brace of lines, giving the state and county as introductory to a process, certificate, affidavit or other paper, is called a "venue," and should be inserted wherever the word _(Venue)_ is expressed in forms given hereafter.]

The state of _______ to the sheriff or any constable of said county:

You are hereby commanded to summon A.M., if he shall be found in your county, to be and appear before the undersigned, one of the justices of the peace in and for said county, on the ___ day of _____ 18_____, at ___ o'clock in the ____noon, at my office in the ____, in said county, to answer to J.T. in a civil action; and have you then and there this writ.

Given under my hand this ___ day of ___, A.D. 18_____.

W.D.D., Justice of the Peace.

CONSTABLE'S RETURN.

_(Venue as in Summons.)_

I hereby certify that I personally served the within summons upon the within named defendant, by reading the same to him, in said county, on the __ day of _________, 18_____.

Fees--Mileage, 8 miles, - - .80 Service, - - - - - - - - - .15 -- .95

G.M.G., Constable.

COMPLAINT.

State of ______} ss. In Justice Court, County of ____} Before W.D.D., Justice of the Peace.

J.T., plaintiff, against A.M., defendant.

[Footnote: All the affidavits, pleadings, and other papers filed by parties in an action should be "ent.i.tled," that is to say, should begin with a caption similar to the above, giving the state and county, name of justice, and the names of the parties, plaintiff and defendant, to the action. This caption (_t.i.tle of cause_) is to be inserted in every form given hereafter, wherever it is so expressed.]

The complaint of the plaintiff shows to this court that at ___, in the state of ___, on the _____ day of ____, 18___, the defendant made his promissory note in writing, dated on that day, and thereby promised to pay to the plaintiff (one year after date) the sum of (eighty) dollars, for value received, with interest thereon from the said date at the rate of (ten) per cent, per annum until fully paid, and delivered the same to the plaintiff.

That the plaintiff is now the holder and owner of said note; that the same has not been paid, nor any part thereof; but the defendant is now justly indebted to the plaintiff thereon in the sum of (eighty) dollars, with interest as aforesaid.

Wherefore, the plaintiff demands judgment against the defendant for the sum of (eighty-nine) dollars and (sixty) cents, with costs of suit.

J.T. (_Venue._)

J.T., the plaintiff (or defendant) in this action, being duly sworn, says that the foregoing complaint (or answer, or reply,) is true, to his own knowledge, except as to those matters stated on his information and belief, and as to those matters, that he believes it to be true.

J.T. (_Jurat._)

ANSWER.

(_t.i.tle of cause._)

The answer of the defendant to the complaint herein, shows to this court:

1. That he admits the making and delivering of the note therein stated, but denies each and every other allegation therein contained.

2. And for a further defense this defendant shows that on the _____ day of _________, 18_____, he bought (a horse) of the plaintiff for the sum of (one hundred and thirty) dollars, and paid him (fifty) dollars in money, and the note of (eighty) dollars described in the complaint; which (horse), by the contract of sale, the plaintiff warranted to the defendant to be sound; and the defendant further states that the said (horse) was unsound at the time, whereby the defendant sustained damage in the sum of (one hundred) dollars.

Wherefore he asks that said amount of damage be set off against the amount of said note, and demands judgment for the balance of (twenty) dollars, besides costs of suit.

A.M. (_Verified._)

REPLY.

(_t.i.tle of cause._)

The reply of the plaintiff to the facts set forth in the answer of the defendant, denies each and every allegation therein contained.

J.T. (_Verified._)

ADJOURNMENT.

(_t.i.tle of cause._)

(_Venue._) A.M., being duly sworn, says, that he is the defendant in this action; that J.C.S., who resides in the town of _________, in said county, is a material witness for this defendant, without whose testimony he cannot safely proceed to the trial of this action; that the said J.C.S., if examined as a witness on the trial, will testify that he was present at the time the horse mentioned in the answer was purchased, and heard the plaintiff say to the defendant, "the horse is sound, and I warrant him so;" that he heard this defendant reply, "well, I shall rely entirely upon your warranty;" and that thereupon defendant gave his note for the balance of the purchase money of the horse.

That on the _____ day of _________, 18_____, he procured a subpoena for the said J.C.S., and went with the same to his residence to serve the same, when he there learned for the first time that said J.C.S. had unexpectedly left home the day before and had gone to _________, in the state of _________, to be absent (three) weeks. That he knows of no other person by whom he can prove these facts; and that he expects to be able to procure the attendance of said J.C.S. as a witness on the trial, if this cause is adjourned for (thirty) days.

A.M.

(_Jurat_.)

SUBPOENA.

State of ____, } ss.

County of ___}

The State of _________ to J.K., J.L. and G.G.:

You are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, at my office in the town of _________, on the _____ day of _________, 18_____, at _____ o'clock in the _________ noon of said day, to give evidence in a certain cause then and there to be tried between J.T., plaintiff, and A.M., defendant, on the part of the plaintiff (or defendant.)

Given under my hand this _____ day of _________, 18_____.

W.D.D., Justice of the Peace.