BURNS v. GARDNER

No. 235.

89 S.E.2d 424 (1955)

242 N.C. 731

Mrs. Margaret T. BURNS, Administratrix of the Estate of Beverly J. Burns, Deceased, v. A. H. GARDNER and wife, Leila S. Gardner.

Supreme Court of North Carolina.

October 12, 1955.


Attorney(s) appearing for the Case

Ray S. Farris and James B. Ledford, Charlotte, for plaintiff.

Charles W. Bundy, Charlotte, for defendants.


PER CURIAM.

When this appeal was heard in this Court, two of its members, WINBORNE and HIGGINS, JJ., were not sitting. However, DEVIN, Emergency Justice, was sitting in lieu of WINBORNE, J. The six members of the Court being evenly divided in opinion as to whether the ruling of the court below should be sustained, the judgment of the Superior Court is affirmed and stands as the decision in this action without being a precedent. Hardware Mut. Fire Insurance Co. v....

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