Sondey v. Yates, 208 N.C. 836 (1935)

Sept. 18, 1935 · Supreme Court of North Carolina
208 N.C. 836

ADAM SONDEY et al. v. J. W. YATES et al.

(Filed 18 September, 1935.)

Appeal and Error J d—

Where tbe Supreme Court is evenly divided in opinion, one Justice not sitting, tbe judgments of tbe lower court appealed from will be affirmed without becoming precedents.

Appeal by plaintiffs from Grady, J., at December Term, 1934, of New Hahovee.

Civil actions by depositors to recover of officers and directors of Home Savings Bank losses alleged to bave been sustained by reason of deposits, wrongfully induced, and kept in insolvent bank, consolidated for purpose of trial, and beard upon demurrers and pleas in abatement.

From judgments sustaining tbe demurrers and upholding tbe pleas in abatement, tbe plaintiffs appeal, assigning errors.

Louis Goodman, W. F. J ones, J ames 8. Maiming, and Hem-y Averill for plaintiffs.

J. 0. Carr for defendants Scott, Van Leuven, and Taylor.

Thomas W. Davis for defendants Davis and Scott.

Marsden Bellamy for defendants Leuven and Taylor.

George Rountree for defendant Tates.

Varser, McIntyre & Henry for defendants Moore, Bluethenthdl, and Huggins.

Gyrus D. Hogue for defendants Dutch and Parmele.

Pee Cueiam.

Tbe Court being equally divided in opinion, Stacy, G. J., not sitting, tbe judgments of tbe Superior Court are affirmed in accordance with tbe usual practice in such cases, and stand as tbe decisions in these cases without becoming precedents. Smith v. Powell, post, 837.

Affirmed.