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STATE v. DISTRICT COURT

No. 9793.

310 P.2d 1055 (1957)

The STATE of Montana, ex rel. Harold LAKE, Executor of the Last Will and Testament of James Bowman, Relator, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF SANDERS, and the Hon. C. E. Comer, Judge thereof, Respondents.

Supreme Court of Montana.

Decided May 8, 1957.

Attorney(s) appearing for the Case

Raymond F. Gray, Missoula, Eugene H. Mahoney, Thompson Falls, Smith, Boone & Rimel, Missoula, for relator. Russell E. Smith, Missoula, argued orally.

A. S. Ainsworth, Thompson Falls, Garlington, Lohn & Robinson, Missoula, for respondents. J. C. Garlington, Missoula, argued orally.

HARRISON, Chief Justice.

This is an original proceeding. Upon application of the relator, an alternative writ of prohibition was issued herein directing the respondents to show cause why an order, dated February 5, 1957, granting a new trial should not be vacated. Return to the alternative writ was made by the respondents, and the matter argued and submitted to this court.

In the district court of Sanders County, on August 14, 1956, a petition for probate...

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