People ex rel. Smith v. Russel

By the Court.—Ingraham, P. J.

Summary proceedings were commenced before the city judge to remove from certain premises in this city the tenant, or those claiming to hold the premises. An answer was put in by the relator and others, and the case was adjourned by the city judge to the 30th May for trial. Before that day an application was made to one of the justices of this court for a writ of prohibition, which was granted, restraining Judge Russell from entertaining the said proceedings. A motion is now made to vacate and set aside the writ. 0

The only ground on which a writ of prohibition…