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STATE v. DISTRICT COURT, TENTH JUDICIAL DISTRICT

No. 8956.

214 P.2d 765 (1950)

STATE of Montana, ex rel. Judith M. QUINN and Harold A. Quinn, Relators, v. DISTRICT COURT, TENTH JUDICIAL DISTRICT of the State of Montana, in and for the County of Fergus and the Honorable Stewart McConochie, District Judge, Respondents.

Supreme Court of Montana.

January 16, 1950.

Attorney(s) appearing for the Case

DeKalb, Dockery & Symmes, of Lewistown, for relators.

PER CURIAM.

On application for writ of supervisory control, it appearing that the order of the district court complained of was made without notice to the adverse party, under section 9776, R.C.M.1935, same may be vacated or modified without notice by the judge who made it, or it may be vacated or modified on notice in the manner in which other motions are made.

Such remedy being available, the writ...

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