ROENFELDT v. RINKER, 108 Colo. 359 (1941)

116 P.2d 964

ESTATE OF BURROWS. ROENFELDT, CAVEATRIX v. RINKER ET AL.

No. 14,792.Supreme Court of Colorado.
Decided September 8, 1941.

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 as provided by Rule 118 (f) R.C.P. Colo.

Error to the County Court of the City and County of Denver, Hon. C. E. Kettering, Judge.

Mr. KARL C. BRAUNS, Mr. JAMES B. YOUNG, for plaintiff in error.

MR. C. CLYDE BARKER, Mr. HAROLD M. WEBSTER, Mr. DAVIS L. BARKER, for defendant in error Rinker.En Banc.

PER CURIAM.

Mr. Justice Burke not participating. Mr. Chief Justice Francis E. Bouck, Mr. Justice Bakke and Mr. Justice Knous are in favor of affirmance; whereas Mr. Justice Young, Mr. Justice Otto Bock and Mr. Justice Hilliard 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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