ORDER
An adversary hearing having been held on the petition for writ of mandate to direct respondent court and judge to rule immediately on relator's claim;
This Court finds, concludes and holds that a writ of mandate should not issue herein for the following reasons:
1. The essential facts necessary to determination of the issue herein are not in the record before us. Section 93-9107, R.C.M. 1947.
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