#### The People ex rel. Prettyman v. Supervisors of Logan County.

(September Term, 1867.)

Issues of fact nr supreme court—on return to alternative mandamus— how tried. Where issues of fact are formed upon a return to an alternative writ of mandamus, if the evidence is matter of record, the issues may be tried by this court; but if the evidence rests in paroi, they will be sent to some Circuit Court or other court of appropriate jurisdiction, for trial by a jury.

*88This was an application to this court for a writ of mandamus. An alternative writ was awarded, and a return made thereto, whereupon

Mr. John M. Palmer,

for the respondents, inquired of the court in what mode the issues of fact would be tried, should any be made up on the return to the alternative writ.

Per Curiam :

The issues will be tried in the same manner as in other cases where issues of fact are formed in this court. If the evidence to be introduced is matter of record, the issues may be tried here; but if the evidence rests in paroi, we will send the issues to some Circuit Court or other court of appropriate jurisdiction, there to be tried by a jury, and direct their verdict to be certified to this court.