Appeal and Error — Divided Count — Judgment.
The judgment of the Superior Court stands as the law of the case when the Justices of the Supreme Court are equally divided in their opinion, one of them having been of counsel and taking no part therein.
From judgment rendered herein, that the town of Hillsboro recover from the Merchants and Farmers Bank the sum of $1,215.97, and interest thereon from 11 June, 1923, and costs, plaintiff and defendant, Maryland Casualty Company, appealed.
PER CURIAM.
The Court being evenly divided in opinion, Brogden, J., having been of counsel for the defendant, Merchants and Farmers Bank, in the trial below, not sitting, the judgment of the court below is affirmed and stands as the decision in this case without becoming a precedent. McCarter v. R. R., 187 N.C. 863.
Affirmed.