
    Robert Oliver’s Executors v. Susan Decatur.
    A defendant who appears to a bill of revivor is not entitled to the benefit of the 6th and 10th rules of practice established by the Supreme Court of the United States, for the circuit courts ; but the Court will order the suit to stand revived unless cause be shown to the contrary in ten days.
    The complainant, Robert Oliver, died, and his executors filed a bill of revivor, and issued a subpoena which was returned served at the October rules, 1835, so that the appearance day was the first Monday in November.
    
      Messrs. Key Sf Dunlop, the complainants’ solicitors,
    moved the Court now to order the suit to stand revived.
    
      Mr. Marbury, the defendant’s solicitor,
    now entered his appearance for the defendant and claimed time (three months) to plead, answer, or demur, according to the rules of this Court, as prescribed by the Supreme Court of the United States in cases of original bills. See Rules 6 and 10.
    In the English practice the same time is given to answer or plead to bills of revivor as to original bills; and the rules, prescribed by the Supreme Court, make no difference. 2 Mod. Ch. Pr. 260, 534.
   The Court

(Cranch, C. J., contra:,) ordered the suit to stand revived, unless cause to the contrary should be shown in ten days.  