In re Heil

The following memorandum decision was filed December 3, 1938:

It is considered that this court cannot entertain this action for two reasons: (1) Petitioner is not a party to the action in the circuit court, and it is a well-established rule that superintending control will be exercised only at the behest of a party R> a proceeding in an inferior court and then for his protection to avoid expense, hardship, or miscarriage of justice great enough to constitute a situation of exigency.(2) The claim b.y petitioner that the subject matter of the action so concerns the sovereign rights of the state…