Mandamus — Question of Fact.
On the filing by respondent of an answer putting in issue facts relied on by relator for obtaining from the Supreme Court a writ of mandamus against the Comptroller, the application must be dismissed. (P. 350.)
MR. CHIEF JUSTICE BROWN delivered the opinion of the court.
The respondent has under oath denied the material allegations of the applicant for mandamus, which makes issues of fact which this court can not try, therefore the application is dismissed.