Hayne

This is an application for a writ of prohibition to prevent the respondent proceeding to trial'and judgment in a cause pending before it.

An action was brought against the petitioner in the justice’s court on a promissory note, and an attachment was issued and levied on his property. The petitioner filed his petition in insolvency, and the property attached was released. He filed his answer in the justice’s court setting up the insolvency proceedings, but the plaintiff applied to the superior court in which the insolvency proceedings were pending and procured an order from that court, permitting the justice’s court to proceed with the cause. The petitioner moved the justice’s court to desist from further proceedings, but his motion was de *285 nied, and the court being about to proceed to judgment, this writ was applied for.

Section 45 of the Insolvency Act (Deering’s Code of Civil Procedure, page 686) provides:—

“And no creditor whose debt is provable under this act shall be allowed, after the commencement of proceedings in insolvency, to prosecute to final judgment any action therefor against the debtor, until the question of the debtor’s discharge shall have been determined,…