of the Code of Civil Procedure, concerning summary proceedings to recover possession of real estate, and the justice issued a warrant which was served upon the tenant, and on the return day he appeared and filed an answer denying each and every material allegation, and also set up new matter, going to the question of title; the petitioner demurred to the answer that it contained no defense, which demurrer was sustained, and a final order granted awarding possession to pe

titioner, and directing the issuing of a warrant, which was issued and delivered to the sheriff:

Held, that a writ of prohibition I would not lie.

Held, further, that the question in the case really is, whether the justice erred in sustaining the demurrer of the petitioner to the answer of the relator. That question cannot be determined by writ of prohibition. It can be by appeal, and, in a proper case, there is a remedy by injunction. (Id.)

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commission nor amounts due
from purchasers of goods sold
by consignees-such proceeds,
however, whether paid over
before the assignment is made
or due from purchasers, will
not be ordered paid to the con-
signors of the goods sold till
the court is satisfied that
moneys can be so paid without
prejudice to the rights of pre-
ferred and general creditors of
the assignors-to that end, a
reference will be ordered, on
application, to ascertain the
facts with a view of directing
payment to the consignor-
practice as to such reference, 313