This is an appeal from a judgment, entered June 24, 1950, adjudging that the assessment made and the tax levied by defendant-appellant, town of Lyons, on certain property owned by plaintiff-respondent, city of Lake Geneva, is void and is set aside for the years 1940 to 1943, inclusive, and plaintiff be allowed costs in the sum of $111.27. The action was commenced November 8, 1949.
MARTIN, J.
The members of the court are equally divided upon this appeal. Mr. Chief Justice FRITZ, Mr. Justice FAIRCHILD, and Mr. Justice HUGHES are of the opinion that the judgment should be reversed. Mr. Justice BROADFOOT, Mr. Justice BROWN, and the writer are of the opinion that the judgment should be affirmed.
Under the rule, the judgment appealed from is affirmed.
By the Court. — Judgment affirmed.
GEHL, J., took no part.