Supreme Court of the United States February 15, 1875, 164 (Fretz v. Stover)

Mr. Justice DAVIS

delivered the opinion of the court.

At the outset of this case we are met with the objection that there is no replication in the record; but this objection,

*204

on the authority of

Clements

v.

Moore,

*

should have been made in the court below. Not having been made there, it will be considered as having been waived.