Burket v. Boude

Judge Ewing

delivered the Opinion of the Court.-

Boude brought an action on the case against Burket, a sheriff, charging him with having levied an execution on, and sold, the goods of his tenant, and applied the money in satisfaction thereof, without- paying him his year’s rent, due and payable prior to the removal of said goods.

We deem it inappropriate to scrutinize the declaration, as the demurrer which was put in, to it, was subsequently withdrawn, and a plea to the country filed, which has been frequently settled by this court, to be a waiver of the demurrer.

Another question has been…