R.H. OLDHAM v. J.J. TERRELL

Jurisdiction of Supreme Court.

The Supreme Court cannot issue the writ of mandamus in an original proceeding where an issue of fact is involved. (P. 44.)

MR. CHIEF JUSTICE GAINES delivered the opinion of the court.

This is a petition against the Commissioner of the General Land Office for a writ of mandamus. The pleadings disclose one if not two questions of fact, which we are without capacity to determine.

Therefore the case is dismissed for want of jurisdiction.