1. In a suit to foreclose tax sale certificates complainant failed to answer the counter-claim within the time prescribed by the rules, and defendant took a decree pro confesso. P.L. 1925 p. 480, stays proceedings in chancery for four months where, as here, the answer sets up the defense of the invalidity of the taxes and of the tax sale. This stays not only proceedings on the original bill, but also the counter-claim. The time to answer the counter-claim had not yet expired when the decree pro confesso was taken and it is therefore vacated.
2. Defendant failed to obtain a writ of certiorari to review the assessment or tax sale, though more than four months had elapsed since the answer was filed. So much of the answer as alleges the invalidity of the assessment and the sale will be struck.
3. The counter-claim sets up an agreement by complainant, for a consideration, to take no further step in prosecuting this suit until defendant procured certain moneys he hoped to obtain in a suit now pending. While the counter-claim asks specific enforcement of this agreement, in fact it seeks only a stay of the suit. Such relief is usually obtained by motion and is not proper in a counter-claim. Counter-claim struck without prejudice to a motion to stay proceedings.
PER CURIAM.
The order appealed from will be affirmed, for the reasons stated in the opinion filed by Vice-Chancellor Bigelow in the court of chancery.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.
For reversal — None.