State Ex Rel. O'Sullivan v. District Court of Tenth Judicial Dist. Ex Rel. Fergus County

I am not able to share the views of my associates that supervisory control does not lie in this ease. I think we seldom have a case before us where that extraordinary writ is more appropriate.

If we are to abolish the use of the writ entirely, then that should be done by amending the Constitution in the regular way and not by judicial fiat.

- My associates concede that the pleadings in the lower court raise issues of fact. That being so, the legislature has said in no uncertain terms that those issues must be determined by a jury, if jury be demanded as has been done here. (Sec. 10368.) My…