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Parrish v. Publishing Company

Supreme Court of North Carolina
Nov 1, 1967
157 S.E.2d 334 (N.C. 1967)

Opinion

Filed 1 November, 1967.

Appeal and Error 46 — Where the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

APPEAL by plaintiff from Gambill, J., 2 January 1967 Session of FORSYTH.

Harold R. Wilson for plaintiff appellant.

Womble, Carlyle, Sandridge Rice by W. P. Sandridge, Irving E. Carlyle and Linwood L. Davis for defendant appellee.


Civil action against the defendant for libel. From a judgment sustaining a demurrer ore tenus filed to the complaint, plaintiff appeals.


The Court being evenly divided in opinion, three members of the Court being of opinion that the demurrer should be sustained and three members of the Court being of opinion that the demurrer should be overruled, Justice I. Beverly Lake taking no part in the consideration or decision of the case, the judgment of the lower court is affirmed after the manner of the usual practice of appellate courts in such cases and stands as the decision in this case without becoming a precedent. James v. Rogers, 231 N.C. 668, 58 S.E.2d 640; MacClure v. Accident and Casualty Ins. Co., 230 N.C. 661, 55 S.E.2d 192; Whitehurst v. Anderson, 228 N.C. 787, 44 S.E.2d 358; Bullard v. Hotel Holding Co., 225 N.C. 766, 33 S.E.2d 480; Howard v. Queen City Coach Co., 216 N.C. 799, 4 S.E.2d 616; S. v. Swan, 209 N.C. 836, 183 S.E. 285; Nebel v. Nebel, 201 N.C. 840, 161 S.E. 223; Tarboro v. Johnson, 196 N.C. 824, 146 S.E. 803, and numerous cases to the same effect cited in 5 N.C. Digest, Courts, key No. 90 (2), and the 1967 Cumulative Annual Pocket Part under the same topic and key number; 21 C.J.S. Courts 189(c).

Affirmed.


Summaries of

Parrish v. Publishing Company

Supreme Court of North Carolina
Nov 1, 1967
157 S.E.2d 334 (N.C. 1967)
Case details for

Parrish v. Publishing Company

Case Details

Full title:E. JACKSON PARRISH v. PIEDMONT PUBLISHING COMPANY

Court:Supreme Court of North Carolina

Date published: Nov 1, 1967

Citations

157 S.E.2d 334 (N.C. 1967)
157 S.E.2d 334

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