On the argument of the appeal respondent applied for an adjournment of the appeal. That application was and herein is denied. The order appealed from is modified by striking therefrom the second decretal paragraph, which imposed the stay, and the order, as so modified, is affirmed, with $50 costs and disbursements to appellant. In our opinion, the Justice at Special Term who made the order impermissibly usurped, in imposing the stay, the position of a Justice of co-ordinate...
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