DRAPER, J.
This is an original action filed in this court. It was brought by the relator to compel the respondents to fix a date for the trial of a criminal case pending in the Fayette Circuit Court. We issued an alternative writ of mandate.
The respondents have now filed a return which challenges the authority of this court to mandate them to set or assign said cause, or any cause, for trial, but which further shows that said cause has now been set for trial...
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