Opinion
November 13, 1928.
December 13, 1928.
Appeals — Appellate court evenly divided in opinion — Effect.
Where the appellate court is evenly divided in opinion the judgment of the lower court will be affirmed.
Appeal No. 160, October T., 1928, by respondent from decree of C.P., No. 5, Philadelphia County, March T., 1927, No. 1464, in the case of William L. Weber v. Amelia L. Weber.
Before HENDERON, TREXLER, KELLER, LINN, GAWTHROP and CUNNINGHAM, JJ. Affirmed.
Libel in divorce. Before SMITH, J.
The case was referred to Clinton A. Sowers, Esq., as master, who recommended that a divorce be granted. On exceptions to the master's report the court dismissed the exceptions and granted a divorce. Respondent appealed.
Error assigned, among others, was the decree of the court.
Albert Smith Faught, and with him John Robert Jones, for appellant.
Frederick W. Bauer, and with him Charles F. VanHorn and Joseph P. Gaffney, for appellee.
Argued November 13, 1928.
The judgment is affirmed, the court being evenly divided.