Edge v. North State Feldspar Corp., 214 N.C. 818 (1938)

Sept. 28, 1938 · Supreme Court of North Carolina

214 N.C. 818

T. L. EDGE and Wife, BESSIE EDGE, v. NORTH STATE FELDSPAR CORPORATION.

(Filed 28 September, 1938.)

Appeal and Error § 38—

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

Appeal by plaintiffs from Johnston, J., at January Term, 1938, of Yaitcey.

Affirmed.

Chas. Hutchins and Watson, Fonts & Watson for plaintiffs.

J. W. Ragland and G. D. Bailey for defendant.

Per Oueiam.

Tbe question involved: Did tbe court below commit error in sustaining tbe defendant’s motion for judgment as in case of nonsuit at tbe close of plaintiffs’ evidence?

Tbe Court being evenly divided in opinion, Schenclc, J., not sitting, tbe judgment of tbe Superior Court is affirmed and stands as tbe decision of tbis- action without becoming a precedent. Ins. Co. v. Stinson ante, 97.

Tbe judgment of tbe court below is

Affirmed.