ADAIR, Chief Justice.
On petition of the relator Daniel M. McVay, this court issued a writ directing the respondents, the district court of Missoula county and the Honorable C.E. Comer, as judge presiding, to certify to this court the record and proceedings had and done in district court cause No. 16959, then and now pending in the respondent court. The petition, the return made to the writ and the record filed in this court tend to show the below recited facts.<...
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