Mirabile v. Smith

The writ was directed to appellant, as judge of the municipal court, prohibiting him from proceeding further against Paul Mirabile, the defaulting defendant in a municipal court action (and who is the petitioner arid respondent in the instant preceding) until such time as the issues raised by the answers of other defendants in the municipal court action, who appeared by answer, are adjudicated.

The facts are that one Steiner, as an assignee for collection, brought an action in the municipal court upon a contract for the sale and delivery of matches to be delivered at stated intervals. A money…