Burns v. Gardner

Supreme Court of North Carolina

Burns v. Gardner

89 S.E.2d 424, 242 N.C. 731, 1955 N.C. LEXIS 674

DecidedOctober 12, 1955

StatusPublished

This text of 89 S.E.2d 424 (Burns v. Gardner) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. Gardner, 89 S.E.2d 424, 242 N.C. 731, 1955 N.C. LEXIS 674 (N.C. 1955).

Pincite

Opinion

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 the opinion as to whether the ruling [732]*732of 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. Insurance Co. v. Stinson, 214 N.C. 97, 197 S.E. 751.

Affirmed.

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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 the opinion as to whether the ruling [732]*732of 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. Insurance Co. v. Stinson, 214 N.C. 97, 197 S.E. 751.

Affirmed.

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Bluebook (online)

89 S.E.2d 424, 242 N.C. 731, 1955 N.C. LEXIS 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-gardner-nc-1955.

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