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.
(Title 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.
(Title 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.
(Title 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.