Chapman Lumber Co. v. Benfield

19 S.E.2d 635, 221 N.C. 539, 1942 N.C. LEXIS 506

Opinion

PeR Curiam.

Is plaintiffs’ claim, in its present form, of such nature as to create a lien upon the specific fund in the hands of the clerk ? The court below answered in favor of the plaintiff. As to the correctness of this ruling this Court (Schenck, J., not sitting) is evenly divided in opinion. Hence, the judgment of the Superior Court is affirmed in accord with the usual practice in such eases, and stands as the decision in this case without becoming a precedent. Howard v. Coach Co., 216 N. C., 799, 4 S. E. (2d), 449; Pafford v. Construction Co., 218 N. C., 782, 11 S. E. (2d), 548.

Affirmed.