The facts before the court are conflicting and uncertain, and for that reason do not warrant the issuance of a writ of mandamus. Stevens v. Fellows, 70 N.H. 148, 150; Stearns v. Barrett, 1 Mason 153; High Ex. Rem., s. 9; 19 Am. . Eng. Enc. Law (2d ed.) 726, 727, and numerous authorities there cited.

Case discharged.

All concurred.