42 P.2d 607
No. 13,364.Supreme Court of Colorado.
Decided February 25, 1935. Rehearing denied March 18, 1935.
Action in replevin. Judgment for defendant.
Affirmed.
On Rehearing.
1. APPELLATE PRACTICE — Divided Court. One justice not participating and the others being evenly 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 Elbert County, Hon. Arthur Cornforth, Judge.
Mr. H. T. McGARRY, Mr. C. H. BABCOCK, for plaintiff in error.
Mr. BENJAMIN C. HILLIARD, JR., for defendant in error.
Page 285
En Banc.
PER CURIAM.
MR. Justice Hilliard did not participate in the hearing or in the consideration of this cause. Justices Campbell, Burke and Bouck are of the opinion that the judgment should be affirmed, whereas Chief Justice Butler and Justices Holland and Young are of the opinion that it should be reversed. As it therefore must be affirmed by operation of law because of an equally divided court, no good purpose would be served by a statement of the issues or the reasons for the conclusions of the several members of the court.
The judgment is affirmed.