[1] This is an application for a writ ofmandamus. The application is based upon private rights only. The matters to be litigated are not publici juris. Nor does it appear that some peculiar emergency or exigency exists such as would justify the issuance of the writ by this court in the first instance. The petition shows no sufficient reason why the application should not have been made to the superior court, and the application for the writ is therefore denied. *Page 678