Opinion
(Filed 20 September, 1933.)
Appeal and Error J d —
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 Alley, J., at February Term, 1933, of BUNCOMBE.
Charles E. Jones and Arthur W. Holler, Jr., for plaintiff.
J. E. Swain for defendants.
Civil action for debt and to foreclose mortgage.
From a verdict and judgment for defendants, the plaintiff appeals, assigning errors.
The Court being evenly divided in opinion, Brogden, J., not sitting, the judgment stands affirmed without becoming a precedent in accordance with the general rule of appellate courts in such situations. Garrison v. R. R., 202 N.C. 851, 164 S.E. 115; Nebel v. Nebel, 201 N.C. 840, 161 S.E. 223; Durham v. Lloyd, 200 N.C. 803, 157 S.E. 136.
Affirmed.