Bair

In 1938 appellee recovered judgment against appellant in the United States court for Montana in the amount of $100,-057.95. Execution was issued, as a result of which the judgment creditor realized about $5,000.

After a return showing the judgment unsatisfied in an amount in excess of $94,-000, appellee applied for an order requiring appellant to appear and answer concerning his property. In response to the application the court appointed a referee to conduct supplementary proceedings, and ordered that the judgment debtor appear before the referee at a time and place to be designated by the latter and to make true answers under oath concerning his property. The order further empowered the referee to subpoena witnesses, to fix the times and places of such hearing as might be necessary and to conduct the same within any county of the state of Montana. Appellant was enjoined during the pendency of the proceedings from disposing of any of his property no't exempt from execution.

About ten days after the entry of this, order appellant moved to set it aside. The motion was denied. The appeal is from the order and from the denial of the motion to vacate it.

Chapter 60 of the Montana…