The facts in this case are identical with those in No. 9885, McGraff v. McGillvray, 135 Mont. 256, 339 Pac. (2d) 478. The same legal question is presented here as was considered there.
On the authority of that case, the order appealed from is affirmed.
MR. JUSTICE CASTLES, and THE HONORABLE GUY C. DERRY, District Judge, sitting in place of MR. CHIEF JUSTICE HARRISON, concur.