Opinion
Filed 29 November, 1950.
Appeal and Error 38 — Where the supreme Court is evenly divided in opinion one Justice not sitting the judgment of the lower court will be affirmed without becoming a precedent.
APPEAL by plaintiff from Phillips, Resident Judge of the 13th Judicial District, at Chambers, 30 September, 1950.
Carroll Steele for plaintiff, appellant.
Boggan, Page, Lee Page for defendant, appellee.
JOHNSON, J., took no part in the consideration or decision of this case.
Civil action for alimony without divorce under statute codified as G.S. 50-16.
The appeal is from an order denying the application of the feme plaintiff for an allowance out of the estate or earnings of her husband, the defendant, for subsistence and counsel fees pending the trial of the issues involved in the action. Since Justice Johnson does not sit in this cause and the remainder of the Court are evenly divided in opinion, the order of the Superior Court is affirmed without becoming a precedent. Hinson v. Comrs. of Yadkin, 216 N.C. 806, 6 S.E.2d 504.
Affirmed.
JOHNSON, J., took no part in the consideration or decision of this case.