To compel respondent to permit relator, a creditor, to intervene in a proceeding instituted by the bank commissioner against an insolvent bank, allow an issue to be framed and the liability determined, where a receiver had been appointed who refused to allow relator’s claim.

Held, that relator was entitled to intervene, have an issue framed" and a trial thereof, but that the issue of the writ was unnecessary. December 22, 1893.