Kelly v. Murphy & Co.

Lumpkin, J.,

1. Although section 4775 of the Civil Code requires an officer, who is called on by rule nisi to show cause why he should' not pay over money alleged to have been collected by him, to file an answer under oath, “taken at the time the answer is filed,” yet an omission to verify the answer is a curable defect. Neal v. Davis Foundry & Machine Works, 131 Ga. 701 (63 S. E. 221), and cit.

2. Although rules against officers do not come within the purview of statutes regulating- defaults for failure to plead at the return term of suits, but are matters governed to a considerable extent by…