Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, *Page 633
R.C.M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585,189 P.2d 998, and State ex rel. Lichte v. District Court, 121 Mont. 34,189 P.2d 1004, the writ is denied and the proceeding here dismissed.