Opinion
No. 16,522.
Decided October 29, 1951. Rehearing denied November 26, 1951.
A proceeding involving an application for the appointment of a receiver. Judgment for defendants in error.
Affirmed.
1. APPEAL AND ERROR — Divided Court. One justice not participating, and the others being evenly 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. George H. Bradfield and Hon. Joseph E. Cook, Judges.
Mr. CARLE WHITEHEAD, Mr. ALBERT L. VOGL, for plaintiffs in error.
Mr. FRED S. CALDWELL, for defendants in error.
MR. JUSTICE ALTER did not participate in the consideration of this cause.
Mr. Chief Justice Jackson, Mr. Justice Stone and Mr. Justice Knauss are of the opinion that the judgment should be affirmed, whereas, Mr. Justice Holland, Mr. Justice Moore and Mr. Justice Clark 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.