
    Flint River Pecan Company v. Waters et al., trustees.
    No. 4167.
    January 14, 1925.
    Mandamus. Before Judge Custer. Dougherty superior court. December 22, 1923.
    
      Alston, Alston, Foster & Moise, Lippiit & Burt, and Pope & Benmi, for plaintiff in error.
    
    
      Pottle & Hofmayer and Leonard Farlcas, contra.
   Hill, J.

The ruling made in tlie ease of Scott v. Flint River Pecan Company, this day decided, being controlling of the' present case, the court erred in making the mandamus absolute. The above ruling- being controlling of the case, the question whether an issue of fact was raised by the evidence, and whether the trial judge could pass upon such issue of fact and make the mandamus absolute in vacation, need not be determined. Judgment reversed.

All the Justice concur.  