To compel respondent to set aside a judgment rendered upon a trial by the court, without a jury.

Denied October 24, 1871.

Held, that where a circuit judge is called upon to show cause-against a mandamus, his return stating the facts as to his own action and what occurred in connection therewith, within his own knowledge, must be conclusively taken to be true, and an issue of fact will not be allowed to be made upon it.