Black v. Weaver

1. The sheriff’s omission to swear to his answer to the rule was waived at the trial, by the failure of the movant of the rule to object, upon that ground, to the answer, and by not moving to strike the answer. The court will not consider such a defect when pointed out for the first time in this court, or adjudge the merits of an objection not presented in the trial court.

2. This rule was brought to require the sheriff of the city court to pay over money alleged to have been collected by him upon an execution. The respondent answered that for want of sufficient information he could neither…