101 P.2d 436
No. 14,695.Supreme Court of Colorado.
Decided April 1, 1940. Rehearing Denied April 22, 1940.
A proceeding involving the removal of a member of the Civil Service Commission of the City and County of Denver. Plaintiff in error was removed by the judges of the district court of the second judicial district sitting ex officio as members of the board for the appointment of the civil service commissioners of Denver.
Affirmed.
1. APPEAL AND ERROR — Divided Court. One of the justices 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 the City and County of Denver, Hon. Frederic W. Clark, Judge.
Mr. JAMES T. BURKE, for plaintiff in error.
Mr. JOHN A. CARROLL, Mr. FRED S. CALDWELL, for defendants in error.En Banc.
PER CURIAM.
Mr. Justice Otto Bock not participating. Mr. Chief Justice Hilliard, Mr. Justice Knous, and Mr. Justice Burke are in favor of affirmance; whereas Mr. Justice Francis E. Bouck, Mr. Justice Young, and Mr. Justice Bakke are in favor of reversal. The court being equally divided in
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opinion, the judgment stand affirmed by operation of law as provided by section 439 of the Code of Civil Procedure.