(Filed 1 November, 1935.)
Appeal arid Error J dā
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 from Small, J., at August Term, 1935, of Pitt.
The defendant St. Paul Fire and Marine Insurance Company demurred to the complaint upon the ground that said complaint failed to *844allege facts sufficient to constitute a cause of action against it, tbe insurance company. Tbe court overruled tbe demurrer, and to- tbis order the demurrant excepted and appealed to tbe Supreme Court, assigning error.
Shaw & Jones for plaintiff, appellee.
J. M. Broughton for demurrant, appellant.
Per Curiam.
Tbe Court being equally divided in opinion, Brogden, J., not sitting, tbe order of tbe Superior Court is affirmed in accordance with, tbe usual practice in such cases, and stands as a decision in tbis case without becoming a precedent. Nebel v. Nebel, 201 N. C., 840, and cases there cited.
Affirmed.