Smith v. Commissioners of Dare County
B. F. Smith v. Commissioners of Dare County.
Smith v. Comm'rs of Dare Cnty., 79 S.E. 1113 (N.C. 1913)
Headnotes
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.
Summary
Appeal by defendant from Whedbee, J., at March Term, 1913, Of PERQUIMANS.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
*98 Iel this case Justice Allen did not sit and took no part in tbe decision of tbe Court. Justice BeowN and Justice Hoke voted to affirm tbe judgment; Chief Justice Olaek and Justice Walkbe voted for a new trial. Tbe Court being evenly divided, .tbe judgment stands affirmed.
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