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. *Page 211