(217 P.2d 613)
No. 16,254.Supreme Court of Colorado.
Decided February 6, 1950. Rehearing denied May 1, 1950.
An action involving a municipal paving fund, in which plaintiff asked for an accounting; for a determination of the amount owing said fund by defendant city, and judgment therefor. Judgment for plaintiff.
Affirmed.
1. APPEAL AND ERROR — Divided Court. One justice not participating, and the others being equally divided as to what disposition should be made of the case, the judgment is affirmed. by operation of law.
Error to the District Court of Logan County, Hon. George C. Twombly, Judge.
Messrs. BANCROFT, BLOOD LAWS, Mr. MYLES P. TALLMADGE, for plaintiff in error.
Mr. THOMAS KEELY, for defendants in error other than Utlaut.
Mr. MORICE W. KONKEL, of counsel.
PER CURIAM.
MR. JUSTICE HAYS not participating. MR. JUSTICE STONE, MR. JUSTICE ALTER and MR. JUSTICE MOORE are in favor of affirmance; whereas MR. CHIEF JUSTICE HILLIARD, MR. JUSTICE JACKSON and MR. JUSTICE HOLLAND are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed. by operation of law as provided by Rule 118 (f) R.C.P. Colo.
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