'Stacy, O. J., took no part in the decision of this case, and the Court being evenly divided in opinion, the judgment is
Affirmed.
Nathan v. Fields, 202 N.C. 843 (1932)
April 20, 1932
·
Supreme Court of North Carolina
202 N.C. 843
S. A. NATHAN and HATTIE MAE NATHAN v. W. G. FIELDS and C. C. EDWARDS.
(Filed 20 April, 1932.)
Appeal and Error J d — Where Court is evenly divided judgment will bo affirmed.
Where on appeal the Supreme- Court is evenly divided in opinion, one Justice not sitting, the judgment will be affirmed.
Civil action, before Daniels, J., at December Term, 1931, of Obange. Tbe plaintiffs recovered judgment against the defendants and thereafter in apt time the defendants made a motion to set aside the judgment upon the ground of excusable neglect.
The trial judge found the facts which are set out in the record, and upon such facts vacated the judgment, and the plaintiffs appealed.
Henry A. Whitfield for plaintiffs.
Brawley & Gantt for defendants.