Opinion
No. 16,363.
Decided September 18, 1950.
An action on a life insurance policy. 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 the City and County of Denver, Hon. Robert W. Steele, Judge.
Messrs. WOOD RIS, for plaintiff in error.
Mr. MAX D. MELVILLE, Mr. EDWARD E. PRINGLE, Mr. JOHN C. YOUNG, JR., for defendant in error.
MR. CHIEF JUSTICE HILLIARD did not participate in the consideration of this cause.
Mr. Justice Stone, Mr. Justice Hays and Mr. Justice Moore are of the opinion that the judgment should be affirmed, whereas, Mr. Justice Jackson, Mr. Justice Alter and Mr. Justice Holland think that it should be reversed.
The judgment, therefore, must be affirmed by operation of law because of an evenly divided court, and 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. (Rule 118 (f), R.C.P. Colo.
Judgment affirmed.