Wells v. Jefferson Standard Life Insurance, 213 N.C. 801 (1938)

April 13, 1938 · Supreme Court of North Carolina
213 N.C. 801
SAMUEL B. WELLS v. JEFFERSON STANDARD LIFE INSURANCE COMPANY, a Corporation; SAMUEL B. WELLS, Administrator of the Estate of MARY NICHOLSON WELLS, v. JEFFERSON STANDARD LIFE INSURANCE COMPANY, a Corporation; MARTHA J. NICHOLSON v. JEFFERSON STANDARD LIFE INSURANCE COMPANY, a Corporation

SAMUEL B. WELLS v. JEFFERSON STANDARD LIFE INSURANCE COMPANY, a Corporation. SAMUEL B. WELLS, Administrator of the Estate of MARY NICHOLSON WELLS, v. JEFFERSON STANDARD LIFE INSURANCE COMPANY, a Corporation. MARTHA J. NICHOLSON v. JEFFERSON STANDARD LIFE INSURANCE COMPANY, a Corporation.

(Filed 13 April, 1938.)

Appeal and Error § 38—

When the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the Superior Court will be affirmed without becoming a precedent.

Appeal by plaintiffs from Hamilton, Special Judge, at August Term, 1937, of DupliN. Action by plaintiffs against defendants on certain insurance policies. Affirmed.

Oscar B. Turner and Norwood B. Boney for plaintiffs.

Beasley & Stevens and Smith, Wharton & Hudgins for defendant.

Per Curiam.

Tbe Court being evenly divided in opinion, Connor, J., not sitting, tbe judgment of tbe Superior Court is affirmed, as to tbe disposition of tbis appeal, without becoming a precedent, in accord witb tbe practice of tbe Court. Tbe practice bas been so long and well settled tbat we need not cite authorities.

Affirmed.