Mandamus to compel the circuit judge to quash a writ of capias ad respondendum.

The writ is denied:

1. Because the affidavit for capias states a cause of action.

2. The question of privilege was tried on affidavits, .which were contradictory, and raised a question of fact. The circuit judge passed upon this question of fact, and we cannot review his decision. The rule is the same as though issues had been settled and tried, or raised by a plea in abatement.