Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-02-16

fendant refused to pay the same, al
though he has been requested to do
SO. So therefore the plaintiff prays
Judgment for the above amount
H. M. Oglevee, by J. C. Oglevee, at
torney.
Aug. /, 1892. Issued summons
for the appearance of defendant,
Aug. 10, 1892, at l O'Clock p. M.
and delivered the same to w. HI.
Lawrence, constable, Aug. S, 1892.
Summons returned with the follow
ing endorsements: Received the
writ Aug. 1, 1892, and served the
same on defendant same day by
leaving a certified copy of this writ.
Fees service, Csc, mile; age 40c;
copy, Csc. Total 90c.-W. H. Law
renee, constable.
Bristol township, Morgan county,
Ohio. Defendants reply: H. M. Ogle-
wee, plaintiff, VS.. Jacob Rex, de-
fendant. Now comes the defendant
and for said cause of defense speci-
fies the following. First, that he
(defendant) entered into con-
tract with plaintiff whereby the
plaintiff was to work for said de-
fendant upon his farm four E.onths,
commencing May 2, 1892, for the
sum of $55; second, that said plain
tiff came according to contract May
2, 1892 and worked except a few
days, until June 2S, 1892, making
in all IL days, and that on said
June 2S, 1892, said plaintiff broke
his part of the contract by yoluntar-
lily and of his free will and without
cause quitting work and ceasing to
/ work; and never thereafter came to
complete his part of the contract !;
third, that the defendant was there
by damaged 47c per day for SO days
or $1b.92, and 22c per day for q
! days, or $5.94. in all $22.86;
fourth, that plaintiff is indebted to
defendant as follows: One day
work with myself and team; board
ing myself, team and plaintiff, SO;
; one days use of team. boarding
team and plaintiff, 81; two days
boarding men working on road, 90c;
two days use of one horse, Sin
all $64O. making in all with dam.
ages, 20 and 26 one-hundredths
dollars For said reason the de
fendant asks judgment for $29.26
Aug. 8, 1892, issued subpoenas 70;
the following named persons as wit,
nesses for defendant: George Brew
er, J. M. Rex and o. r. Barclay
and delivered same to w. H. Law,
renee, constable, to serve. Aug. 10
1892, subpoena for witnesses re
turned with proper endorsement
Plaintiff and defendant appearance
at time specified in summons, fol
trial. The following named wit
nesses appeared for defendant
George Brewer, j. M. Rex and O. r
Barclay. Both parties declared they
were ready for trial. j. c. Ogleyee
counsel for plaintiff, made state
ment of their case. H. f. Foster,
counsel for defendant made reply
H. NJ Oglevee, plaintiff, called,
sworn, and gave testimony in chief;
also cross examined by defendant
counsel. Jacob Rex (defendant)
and George Brewer, j. M. Rex and
O. r. Barclay, witnesses, for de-
fendant, were sworn and examined
in regard to the case in hearing.
Plaintiffs counsel asked leave to
amend their bill or particulars. Re-
quest granted. The following
amendment was presented: And the
plaintiff says further that the de-
fendant is indebted to him in the
sum of SIS, for the use of his horse.
FL. NJ. Oglevee, by J. c. Oglevee,
counsel. 1t is therefore considered
by me on this 18th day of August
1892, that the said defendant Jacob
Rex recover of the said H. NJ. Ogle-
wee. plaintiff, the sum of So DEBT
and $40, his, (defendant's) cost
herein taxed as follows: Justice
T.