Schley County GaArchives Court.....Montgomery Vs. Kidd (1891), . October 9, 1891 ************************************************ 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 June 7, 2008, 3:07 pm Source: Orig Document Found In Schley Courthouse Written: October 9, 1891 GEORGIA SCHLEY COUNTY Original interrogatories to be exhibited to S. Montgomery, the Plaintiff in the case of S. Montgomery, Plaintiff in attachment, vs. J.D. Kidd, Defendant- and plea of set off by defendant J.D. Kidd. S. Montgomery resides out of the county of Schley and resides in the county of Sumter, State of Georgia. Int.-1st Do you know the parties and are you the plaintiff in the above stated case? Int.-2nd Please look at copy plea hereto attached marked exhibit (A) and state how much J.D. Kidd has been paid for during the year 1890 and the indebtedness that he owes you. Int.-3rd Please state if you have not given J.D. Kidd credit for all he has paid you on his indebtedness. Int.-4th Please state all you know that will benefit the plaintiff as if particularly interrogated thereto. W.H. McCrory, Plaintiff Atty. COPY PLEA-Exhibit A S. MONTGOMERY Vs J. D. KIDD Attachment in Schley Superior Court And now comes the Deft. in the above stated case and for plea says that at the time plaintiff instituted his said action against the deft., said plaintiff was & is still indebted to this defendant-the sum of one hundred & sixty-one dollars and sixty-seven cents as will appear by a bill of particulars hereto attached and this defendant prays that said sums may be set-off against said plaintiff demand & that he may have judgment against the plaintiff for the amount of the excess of his demand over that of plaintiffs. J.R. Williams, Defts. Atty. Nov. 20th 1890 Sixty-Eight & ¾ bushels corn @ 70 $46.11 Dec. 5th 1890 300 bushels cotton seed at 13c 39.00 Dec. 7th 1890 1246 lbs fodder at 60c (?) 7.67 Dec. 6th 1890 90 bushels cotton seed at 13c 13.50 Dec. 6th 1890 one cotton planter at $5.00 5.00 Dec. 6th 1890 2 plain sacks & 2 hoes & 1 plsear 4.00 Dec. 6th 1890 To cash 80.00 $195.28 GEORGIA SCHLEY COUNTY Before me came J.D. Kidd who on oath says the above plea is just and true and the bill of particulars attached are true. Sworn to & subscribed before me this April 13th 1891. J.D. Kidd J.M. Murray, clerk, SCSC If you should answer you know how much J.D. Kidd has paid you, state in full when he paid you & when he paid you. (repeated in the orig. document) State the full amount of usury(?) is(or as) contained in each note, what they were given for & when they were given. J.R. Williams, Defts Atty. STATE OF GEORGIA SUMTER COUNTY By virtue of an agreement between the counsel in the case of S. Montgomery, plaintiff vs. J.D. Kidd, defendant, pending in the Superior Court of Schley County, Ga., the undersigned acting as sole commissioner has caused S. Montgomery, a witness in said case to come before me who being duly sworn true answers to make to the annexed interrogatories, depose & answer as follows. To the 1st Int., he answers and says: I know the parties to this suit. I am the plaintiff. To the 2nd Int., he answers and says: I have examined the copy account of defendant against me for $195.28 attached to the interrogatories. I know nothing of the same of my own knowledge. I know that in a settlement had between us, he claimed to have an account against me made by my superintendant in my place. I knew nothing of the claim or the existence(?) of the same but I allowed his account in full and we had a full & final settlement of all claims he had against me and gave me the note sued on to cover the balance. He, J.D. Kidd, defendant, has no set off of any kind against the note sued on. All credit to which he was entitled have been allowed him & he is firstly (?) due me the account claimed by me in said note. To the 3rd Int., he answers and says: I have fully answered this Int. in my answer to the 2nd. To the 4th Int., he answers: I know nothing more that will benefit (unreadable) to this case. Answer to Cross Inty. To the 1st Cross Inty.: He answers there is no usury(?) whatever as the notes said little & all were given in settlement of the balance due me by defendant after allowing him all credit to which he was entitled. Answers sub(scribed) and sworn to before me this the 9th day of October 1891. S. Montgomery E.A. Hawkins Sole Commissioner File at: http://files.usgwarchives.net/ga/schley/court/montgome71nwl.txt This file has been created by a form at http://www.genrecords.net/gafiles/ File size: 5.1 Kb