Opinion
No. 14,820.
Decided November 17, 1941. Rehearing denied December 15, 1941.
On motion to set aside a decree of divorce. Demurrer to motion sustained and decree upheld.
Affirmed.
1. APPEAL AND ERROR — Divided Court. The participating Justices being equally divided in opinion as to what disposition should be made of the case, the judgment of the lower court is affirmed by operation of law.
Error to the District Court of the City and County of Denver, Hon. George F. Dunklee, Judge.
Mr. HARRY A. KING, for plaintiff in error.
Mr. CHARLES E. FRIEND, for defendant in error.
Mr. Chief Justice Francis E. Bouck not participating. Mr. Justice Young, Mr. Justice Bakke, and Mr. Justice Knous are in favor of affirmance; whereas Mr. Justice Otto Bock, Mr. Justice Burke 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 section 118(f) of the Colorado Rules of Civil Procedure.