Opinion
No. 14,556.
Decided November 13, 1939. Rehearing denied December 4, 1939.
Action in mandamus to compel reinstatement of plaintiff in error as superintendent of the state industrial school for boys. Judgment of dismissal.
Affirmed.
1. APPEAL AND ERROR — Divided Court. One justice not participating and the others 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 the City and County of Denver, Hon. Stanley H. Johnson, Judge.
Mr. A. R. MORRISON, for plaintiff in error.
Mr. BYRON G. ROGERS, Attorney General, Mr. LUKE J. KAVANAUGH, Deputy, Mr. CECIL E. SYDNER, First Assistant, for defendants in error.
Mr. Justice Burke not participating. Mr. Justice Francis E. Bouck, Mr. Justice Bakke and Mr. Justice Otto Bock are in favor of affirmance, whereas Mr. Chief Justice Hilliard, Mr. Justice Young and Mr. Justice Knous are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law as provided by section 439 of the Code of Civil Procedure.