PURYEAR v. LYNCH

Practice — Divided Bench — Affirmation of Judgment Below.

When, for any reason, one of the five members of this Court does not sit, and the Court is evenly divided on the hearing of an appeal, the judgment below will be allowed to stand, not as a precedent, but as the decision in the case.

PER CURIAM.

In this case Justice Furches did not sit, and the Court is evenly divided. The practice of appellate courts in such cases is that the judgment below stands, not as a precedent, but as the decision in the case. Durham v. R. R., 113 N.C. 240, and authorities there cited.

Affirmed.

Cited: Bank v. Burlington, 124 N.C. 252; Boone v. Peebles, 126 N.C. 825.