
    [No. 19294.
    
      En Banc.
    
    June 15, 1926.]
    John Peterson et al., Respondents, v. The City of Tacoma, Appellant.
      
    
    
       Appeal (479)—Decision—Scope of Relief. Where there is no majority of the appellate judges in favor of a reversal of the judgment, it must be affirmed.
    Appeal from a judgment of the superior court for Pierce county, Askren, J., entered January 3, 1925, in favor of the plaintiff, in an action to set aside a local assessment roll, tried to the court.
    Affirmed.
    
      E. K. Murray, Leo Teats and Lorenzo Dow, for appellant.
    
      Burkey & Burkey, for respondents.
    
      
       Reported in 246 Pac. 944.
    
   Per Curiam.

Askren, J., while a judge of the superior court, presided at the trial of this case below and entered the judgment appealed from. He therefore bas taken no part here. The remaining judges are divided in their opinions and there is no majority, either for affirmance or reversal.

Therefore, there being no majority for the reversal of the judgment of the trial court, it necessarily stands affirmed, and the order of this court is that the judgment appealed from be, and it is hereby, affirmed.  