State ex rel. Industrial Indemnity Co. v. District Court of the Fourth Judicial District

(dissenting) :

I dissent. In my view supervisory control should be denied for two reasons: (1) A declaratory judgment is proper under the pleadings; (2) a declaratory judgment is proper under-relator’s unpleaded contentions.

The only pleading before the district court was the complaint for declaratory judgment. It alleges an oral compromise settlement agreement of a pending- lawsuit, the terms thereof, relator’s claim of misunderstanding or mistake in entering into the agreement, and an existing controversy by reason thereof. It seeks a declaratory judgment determining the rights and…