Opinion
No. 16,362.
Decided October 30, 1950. Rehearing denied November 20, 1950.
An action for injunction to restrain defendant from permitting his bulls and stallions running at large on the range. Judgment for defendant.
Affirmed.
1. APPEAL AND ERROR — Divided Court. The chief justice not participating and the other justices 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 Cheyenne County, Hon. Herschel Horn, Judge.
Mr. THORNTON H. THOMAS, JR., for plaintiffs in error.
Mr. FRANK A. SAFRANEK, MR. GEORGE M. GIBSON, for defendant in error.
MR. CHIEF JUSTICE HILLIARD did not participate in the consideration of this cause.
Mr. Justice Hays, Mr. Justice Alter and Mr. Justice Holland are of the opinion that the judgment should be affirmed, whereas, Mr. Justice Jackson, Mr. Justice Stone and Mr. Justice Moore 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.