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NEBEL v. NEBEL
Supreme Court of North Carolina
Nov 1, 1931
Appeal and Error J d — Where Supreme Court is divided the judgment of the lower court will be affirmed.
Upon an even division of opinion of the Supreme Court on appeal, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.
This is an action brought by plaintiff against the defendant (1) for alimony without divorce (2) application for an allowance for subsistence pendente lite. 3 C. S., 1667.
PER CURIAM.
The Court being evenly divided in opinion, one of the members, the Chief Justice, not sitting, the judgment of the Superior Court is affirmed and stands as the decision of this action, without becoming a precedent. Gooch v. Western Union Tel. Co., 196 N.C. 823; Tarboro v. Johnson, 196 N.C. 824; Parsons v. Board of Education, 200 N.C. 88; Durham v. Lloyd, 200 N.C. 803.
Affirmed.
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