Opinion
No. 46,456
Opinion filed January 20, 1973.
SYLLABUS BY THE COURT
APPEAL AND ERROR — Divided Court — Affirmance. Where one of the justices is disqualified to participate in a decision of the issues raised on appeal, and the remaining six justices are equally divided as to the proper disposition of the appeal, the judgment of the trial court must stand.
Appeal from Wyandotte district court, division No. 1; O.Q. CLAFLIN, III, judge. Opinion filed January 20, 1973. Affirmed.
George Maier, Jr., of Kansas City, Kansas, argued the cause and was on the brief for the plaintiff-appellant.
Joseph H. McDowell, of Kansas City, Kansas, argued the cause and was on the brief for the defendants-appellees.
Article 3, § 2 of the Kansas Constitution, after its amendment of November 7, 1972, still requires the concurrence of not fewer than four justices of this court for a decision. One justice being disqualified and the remaining six being equally divided, the decision of the trial court must stand. See Tramill v. Holland, 210 Kan. 180, 499 P.2d 1075, and cases cited therein.
The judgment is affirmed.
FROMME, J., not participating.