Schley County GaArchives Court.....Cleghorn (et. Al.), Wm. C. P. June 15, 1877 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Harris Hill http://www.genrecords.net/emailregistry/vols/00011.html#0002514 and Keith Hill khill90444@alltel.net July 23, 2006, 7:44 am Source: Orig. Document, Schley Co. Courthouse Written: June 15, 1877 (This is some of the most beautiful handwriting that I believe I have ever encountered in such an old document. The writer was W.C.P. Cleghorn an interesting gentleman born in Edinburgh, Scotland in 1813. More about Wm. Cleghorn can be read in his biography at http://files.usgwarchives.net/ga/schley/bios/cleghorn.txt Also of interest here is the term "writ of certiorari." This is defined in an online law journal as follows: Petition for Writ of Certiorari. (informally called "Cert Petition.") A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.) Answer to Writ of Certiorari John S. Allen Vs. S. Dozier Georgia, Schley County To the Superior Court of Said County In obedience to the Writ of Certiorari to me directed dated April 30th 1877, the undersigned submits that the following is a full, direct & complete answer containing the facts & proceedings in the case of John S. Allen against Seaborn Dozier--action on an open account pending in the Justice Court of the 961st district G.M. of said county, upon which judgment was rendered for the Plaintiff against the Defendant in the sum of Thirty-Five and 45/100 Dollars with interest from the 25th December 1874. John S. Allen, the Plaintiff sworn, says he rented the Barker place from the Defendant for the years 1871, 1872 & 1873 at the yearly rental of 1500 lbs. lint cotton which he says he has fully paid and has receipts. Plaintiff agreed to put up a certain amount of fencing which he did according to agreement, he also agreed to do some ditching which at the time was thought necessary. Plaintiff dug a ditch, sufficient to answer the purpose, which when Plaintiff explained to Defendant, he declared himself satisfied, and said "that will do!!", meaning that the ditching he had done was sufficient and he was satisfied. Defendant was to pay Plaintiff for all the improvements he made on the place over and above this and was to allow plaintiff $1.50 per 100 for all the rails he would split and put up on the place. Defendant got a Distress Warrant against plaintiff for the rent 1873 while plaintiff was hauling his cotton to the gin. The Sheriff levied the warrant on said cotton but left it with the plaintiff's sons to turn over to Defendant when it was ginned and packed, which they (plffs sons) did in a day or two afterwards. Defendant agreed to repay plaintiff the costs of the distress warrant which he (plaintiff) paid to the sheriff. Plaintiff had a settlement with the Defendant some time in January 1874, when he paid defendant all the rent for 1873, and took his note, which he tendered in evidence and accompanies this answer. George Allen and Robert Allen severally sworn, each corroborated the testimony of John S. Allen, the plaintiff, and the undersigned deems it unnecessary to recapitulate. R.C. Meadows, Sheriff testified as to levying a distress warrant obtained by Thomas Dozier agent of Defendant against John S. Allen for the rent of 1874 on which warrant Defendant had placed a credit of $22 50/100 but did not swear positively that said credit was placed there with the knowledge and consent of John Allen. Thomas J. Dozier testified that he did not know what the contract between his father and John Allen was, his father's agent only so far as getting the distress warrant, that his father latterly would not allow him to meddle with his business. Vincent Pilcher testified that splitting, hauling and putting up rails was ordinarily worth a dollar a hundred but when the fence row was foul, it was worth a dollar and a half, knew nothing of the contract between the plaintiff and defendant. L. Killebrew testified that the customary price of finding and putting up rails is a dollar a hundred. When asked by the court what it was worth to put them up when the fence row was foul he testified that it was worth more then, might be worth a dollar and a half, knew nothing about plaintiff and defendants contract. Robert Allen testified that the fence row was very foul. Dozier the defendant testified but being old and very deaf, he gave testimony in such a rambling and incoherent manner and at such length that the undersigned unable at the time he testified to understand him finds it too difficult to have a distinct recollection of his testimony save on his cross examination during which he said that he only agreed to give him (Allen) a dollar a hundred for the rails he was to split extra. There was so much delay in getting the writ of certiorari sanctioned, and such a length of time elapsed between the trial and the time said writ was delivered to the undersigned that the testimony submitted by Defendants counsel was too voluminous to be answered at greater length. All of which is respectfully submitted. W.C.P. Cleghorn Not. Pub. & Ex Off J.P. (L.S.) Ellaville, June 15th 1877 April 18, 1878 The undersigned in obedience to the order of the Superior Court further says that Thomas Dozier testified that he did not promise to pay back the costs in the Distress Warrant as testified by the Sheriff, but that if John Allen would ?????? the two bales of cotton levied on that his father would dismiss the balance of the levy as to the corn and would work(?) with him on the balance. S. Dozier did say that he did not authorize John Allen to split any more rails than he agreed to do when Allen first rented the Barker place and said he told him if he ??? split any rails he would not pay anything further. Respectfully submitted W.C.P. Cleghorn Not. Pub. & Ex. Off. J.P. File at: http://files.usgwarchives.net/ga/schley/court/cleghorn468gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 6.5 Kb