STATE EX REL. BROWN v. DIST. COURT OF 8TH JUD. DIST

MR. JUSTICE ANDERSON:

This cause having been consolidated on appeal with No. 9349, State ex rel. Bresnahan v. District Court and involving the same questions, the writ applied for is denied and the proceeding is dismissed for the reasons set forth in State ex rel. Bresnahan v. District Court, 127 Mont. 310, 263 P.2d 968.

MR. CHIEF JUSTICE ADAIR and MR. JUSTICE ANGSTMAN concur.

MR. JUSTICE BOTTOMLY (dissents).

MR. JUSTICE FREEBOURN:

I dissent for the reasons set forth in my dissenting opinion in the Bresnahan case.