Hammond v. Ashe

The petition shows that the trial of the contest of the primary election for sheriff of Harris County is going on in a District Court of that county of which respondent is judge, between A. B. Anderson as contestant and relator as contestee, and that respondent has refused relator’s demand for a trial of issues of fact by a jury, and asks for a writ of mandamus from this court to compel the respondent to grant the demand.

It is plain that ordinarily the writ of mandamus can not be converted into an appeal and used as a mode of revising the rulings made by courts during the trial of causes.…