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Schermerhorn, Surviving of Schermerhorn, against Van Valkenburgh, Survivor, &c.
Curia.
The order to stay proceedings on the part of the plaintiff would not, per se, suspend the running of the rule to rejoin; the time allowed by which expired with the 15th of August. The order to stay, therefore, having ceased to operate before the 20th, the default of that'day was regular. And we can only interfere and set it aside on terms, which are payment of the costs.
Rule accordingly.