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168 Ill. App. 113

Loughran v. Gorman

Appellate Court of Illinois

Decided March 13, 1912

Appellate Court of Illinois · decided 1912-03-13

<p>Appeals and eeeoes&emdash;when, affirmance results by operation of law. If but two of tbe justices participate upon tbe bearing of an appeal and they disagree, an affirmance by operation of law results.</p>

Relies on 139 Ill. App. 493 - Binder v. Langhorst

Affirmed · Decided 1912-03-13

Per Curiam.

¶1Mr. Presiding Justice Dibell tried this case in the court below and therefore took no part in its consideration here. The other members of the court have given the case a careful examination and are divided in opinion as to whether the decree should be affirmed or reversed. The decree is therefore affirmed by operation of law.

¶2The authorities for the affirmance of a judgment by an equally divided court are collected in Binder v. Langhorst, 139 Ill. App. 493.

¶3Decree affirmed.

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