Opinion
(Filed 25 November, 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.
APPEAL by defendant from Harding, J., at June Term, 1931, of MECKLENBURG. Affirmed.
T. L. Kirkpatrick and H. L. Taylor for plaintiff.
E. A. Hilker and B. G. Watkins for defendant.
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.
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.