Opinion
No. 12,720.
Decided February 15, 1932. Rehearing denied March 7, 1932.
Action for divorce. Decree for plaintiff.
Affirmed.
1. APPELLATE PROCEDURE — 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 El Paso County, Hon. Arthur Cornforth, Judge.
Messrs. PHELPS, BAKER GOBIN, Mr. E. D. CAROTHERS, for plaintiff in error.
Mr. SAMUEL H. KINSLEY, Mr. LEON H. SNYDER, for defendant in error.
MR. Justice Alter has not participated in the hearing or in the consideration of this cause. Chief Justice Adams and Justices Burke and Campbell are of the opinion that it should be affirmed, whereas Justices Butler, Moore and Hilliard are of the opinion that it should be reversed. As it must therefore be affirmed by operation of law because of an equally divided court, 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.
Judgment affirmed.