■ This'is au action in mandamus filed originallypim this "court, and to the petition of the’relator the respondents have filed an answer and a cross-petition. The relator now moves this cofirt to dismiss the cross-petition for the reason that Ni# court "is without jurisdiction to consider the matter set forth fethu-cross-petition. ■ '■

'%»$■%: Appellate courts' have' original jurisdiction in’ mandamus, iluweverj this court does not have original jurisdiction to confeMer-;4n action for statutory damages,- as alleged in thé cross¡pefetium-' -It should be noted further that the law does not'provide appellate courts with the machinery for-conducting a trial necessary to determine the issues raised by the cross-petition.

The motion to dismiss the cross-petition will be sustained, and if the respondents desire an opportunity to submit an amended answer, leave will be granted them.

Motion sustained.