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 Pac. (2d) 968.
MR. CHIEF JUSTICE ADAIR and MR. JUSTICE ANGST-MAN concur.
MR. JUSTICE BOTTOMLY (dissents).