Appeal and Error — Division of Opinion — Affirmance of Judgment.
Where one of the five justices of the Supreme Court does not sit or take part in the determination of a case on appeal, and the other members of the Court are equally divided in their opinions, the judgment below stands affirmed.
In this case Justice ALLEN did not sit and took no part in the (98) decision of the Court. Justice BROWN and Justice HOKE voted to affirm the judgment; Chief Justice CLARK and Justice WALKER voted for a new trial. The Court being evenly divided, the judgment stands affirmed.