1. APPEAL AND ERROR — Divided Court. One of the justices 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.
PER CURIAM.
Mr. Justice Otto Bock not participating. Mr. Chief Justice Hilliard, Mr. Justice Knous, and Mr. Justice Burke are in favor of affirmance; whereas Mr. Justice Francis E. Bouck, Mr. Justice Young, and Mr. Justice Bakke are in favor of reversal. The court being equally divided in opinion, the judgment stand affirmed by operation of law as provided by section 439 of the Code of Civil Procedure.