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Montana Supreme Court, 1949

State ex rel. Kirby v. District Court of the Second Judicial District

State ex rel. Kirby v. District Court of the Second Judicial District
Montana Supreme Court · Decided March 21, 1949
122 Mont. 632

State ex rel. Kirby v. District Court of the Second Judicial District

Opinion of the Court

ORDER

Per Curiam:

Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, *633R. C. M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585, 189 Pac. (2d) 998, and State ex rel. Lichte v. District Court, 121 Mont. 34, 189 Pac. (2d) 1004, the writ is denied and the proceeding here dismissed.

Mr. Joseph J. McCaffery, Jr., Esq., attorney for Relator.

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