To set aside an order staying proceedings, in an action upon the bond of a residuary legatee, to recover'a deficiency after foreclosure, on the ground that plaintiff therein had not obtained leave from the court in which the foreclosure was had to bring a suit at law for the deficiency.

Granted May 13, 1885, the court holding that leave was unnecessary, but that in any event the failure to obtain it was a mere irregularity which defendant had waived.