
    No. 7656.
    The State ex rel. Justo Gracia Y. Leon vs. The Judge of the Third District Court of New Orleans.
    The relator applied to the clerk oí the District Court to take the testimony of certain witnesses out oí court to be read in a suit then pending in that court where he was a party. The clerk subpoenaed the witnesses and they appeared and refused to testify, whereupon he applied to the judge to compel them to testify. Upon his refusal the relator applied for this mandamus to compel the judge to act.
    The mandamus was refused under the repeated decisions of this court that the writ will issue only in aid of its appellate jurisdiction, and that questions will not be tried under that writ that may be examined on appeal.
    
      Bright for the Relator. Thomas for Respondent.
   Manning, C. J.,

delivered the opinion, citing inter alios, State ex rel. Logan v. Judge, 16 Ann. 185.  