Opinion
No. 16,588.
Decided July 16, 1951.
A proceeding involving the estate of a deceased person, on petition of plaintiff in error for specified court action. The judgment of the trial court was adverse to petitioner.
Affirmed.
1. APPEAL AND ERROR — Divided Court. One justice not participating, and the others being equally divided in opinion as to what disposition should be made of the case, the judgment is affirmed by operation of law.
Error to the County Court of Pueblo County, Hon. Hubert Glover, Judge.
Mr. THOMAS CAMPBELL, for plaintiff in error.
Messrs. BELLINGER FARICY, for defendant in error.
MR. JUSTICE CLARK did not participate. Mr. Chief Justice Jackson, Mr. Justice Alter and Mr. Justice Moore are in favor of affirmance; whereas Mr. Justice Stone, Mr. Justice Holland 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.