Mandamus — Jurisdiction of Supreme Court.
When the answer of respondent in an action brought to obtain writ of mandamus from the Supreme Court against the head of a department of the State government raises an issue of fact, the case becomes one beyond the jurisdiction of the court, and must be dismissed. Wootan v. Rogan, 96 Tex. 434, followed. (P. 79.)
MR. CHIEF JUSTICE BROWN delivered the opinion of the court.
Relator seeks a writ of mandamus to the respondent requiring him to reinstate a purchase of school land which had been awarded to relator and thereafter declared forfeited. Respondent answered, setting up facts which would defeat the relator's right. This presents a case involving disputed issues of fact, which this court can not try. Wooten v. Rogan, 96 Tex. 434.
It is therefore ordered that the case be dismissed.
Justice Hawkins did not sit in this case.
Dismissed.