Opinion
No. 18,072.
Decided November 12, 1957.
Action for general and exemplary damages for conversion of personal property, brought by mortgagee against defendant claiming under landlord's lien for nonpayment of rent. Judgment for plaintiff.
Affirmed by Operation of Law.
Error to the District Court of the City and County of Denver, Hon. Albert T. Frantz, Judge.
Mr. ISAAC MELLMAN, Mr. GERALD N. MELLMAN, for plaintiff in error.
Mr. HARRY SOBOL, Mr. BERNARD SOBOL, for defendant in error.
MR. JUSTICE FRANTZ did not participate.
MR. CHIEF JUSTICE MOORE, MR. JUSTICE HOLLAND and MR. JUSTICE SUTTON are of the opinion that the judgment should be affirmed.
MR. JUSTICE KNAUSS, MR. JUSTICE HALL and MR. JUSTICE DAY are of the opinion that the judgment should be reversed.
The court being equally divided, the judgment of the trial court is affirmed by operation of law.