
    Starr against Schuyler.
    ALBANY,
    Feb. 1808.
    Where a judg™red tp! "by warrant of attorney, on a bond alleged to furious const deration, a eigned issue wás awarded to try the fact of usury, and execution was otayed until after he trials.
    FOOT, for the defendant,
    moved to set aside the execution, which had been issued in this cause, on a judgment, entered by warrant of attorney on a bond, which , . .. . . the defendant, m his affidavit, alleged to have been given for a usurious consideration.
    
      Henry, contra,
    read the affidavit of the plaintiff, explaining the transactions between the parties, but which did not expressly deny the allegation of usury.
   Per Curiam,

Take your rule, that all the proceedings pnder the judgment, he stayed, until the further order of the court; and that a feigned i'ssue be awarded, and brought to trial at the next circuit to be held in the county df Albany or Rensselaer, "at the election of the plaintiff, tp try the allegation of usury, as to the bond on which the judgment has been entered ;' and that the feigned issue be prepared by the counsel for the defendant, and submitted to the plaintiff within twenty days ; and if the counsel for both parties cannot agree in settling the issue, either party may apply to a judge, at his chambers, for the purpose of having the same settled under his direction.  