
    Swenson, imp., Appellant, vs. Flint and others, Respondents.
    
      December 16, 1904
    
    January 10, 1905.
    
    
      'Appeal and error: Affirmance by divided court.
    
    Where the justices of the supreme court are equally divided, the judgment appealed from is affirmed.
    
      Appeal from a judgment of the circuit court for Dane-county: E. Rat Stevens, Circuit Judge.
    
      Affirmed.
    
    Action to foreclose a mechanic’s lien on building and property of defendant A. S. Flint; plaintiff claiming as a subcontractor under the defendant Harrison, and claiming personal, judgment against him. Judgment was granted for personal recovery of the amount claimed against Harrison> and denying any lien as against Flint's property. From such denial, of lien the plaintiff Swenson appeals.
    For the appellant there was a brief by Tenneys, Hall & Swansen, attorneys, and Burr W. J ones, of counsel, and oral argument by Mr. 8. T. Swansen and Mr. J ones.
    
    For the respondent Flint, there was a brief by C. N. Brown, attorney, and Olin '& Butler, of counsel, and oral argument by Mr. H. L. Butler and Mr. Brown.
    
   Pee Cueiam.

By reason of his previous relations with this case as circuit judge, Mr. Justice Siebeckee is unable-to participate in its consideration. The other justices being, equally divided in opinion, the judgment appealed from is-affirmed.  