
    Pfister, Respondent, vs. McGovern and others, imp., Appellants.
    
      February 25
    
    September 24, 1907.
    
    
      Affirmance on, equal division.
    
    Appeal from an order of the circuit court for Milwaukee county: LaweeNoe "W. Halsey, Circuit Judge.
    
      Affirmed.
    
    This is an appeal from an order denying a motion to set aside an order of a court commissioner adjudging the defendants McGovern, Goff, and Cochems to be in contempt and directing their commitment for their refusal to answer questions propounded to them in an examination before the court-commissioner under sec. 4096, Stats. (1898).
    For the appellants there were briefs signed by W. D. Cor-rigan and O. M. Fritz, attorneys for McGovern, by Adolph Kanneberg, attorney for Cochems, by Charles F. Hunter, attorney for Qo'jf, and by James G. Flanders and W. J. Turner, of counsel; and the cause was argued orally by Mr. Flamders, Mr. Turner, and Mr. John J. Cook.
    
    For the respondent there was a brief by Quarries, Spence & Qucnies, Thomas M. Kearney, and Spooner & Filis, and oral argument by Charles Quarles and George Lines.
    
   Tbe following decision was filed April 30, 1907:

Pee Oueiam.

By reason of having acted as an attorney for some of tbe parties to tbis action before be became a member of tbis court, Mr. Justice TimliN was unable to participate in its consideration. Tbe other justices being equally divided in opinion, tbe order appealed from is affirmed.

A motion for a rehearing was denied September 24, 1907,. by an equally divided court.  