Opinion
(Decided 21 March, 1899.)
Practice — Court Evenly Divided.
Where the appellate court is evenly divided, the settled practice in such cases is, that the judgment below stands, not as a precedent, but as a decision in the case.
ACTION tried before Timberlake, J., upon report of referee and exceptions thereto, at September Term, 1898, of ALAMANCE. Judgment in favor of plaintiff. Appeal by defendant.
Winston Fuller for plaintiff.
Bynum Taylor, C. E. McLean, and W. H. Carroll for defendant.
In this case Justice Clark did not sit, and the Court is evenly divided. According to the settled practice of appellate courts in such cases, the judgment below stands, not as a precedent, but as the decision in this case. Puryear v. Leach, 121 N.C. 255; (252) Durham v. R. R., 113 N.C. 240, and cases there cited.
AFFIRMED.
Cited: Barnes v. Public Service Co., 163 N.C. 365.