Town of Durham v. Richmond & Danville Railroad

18 S.E. 208, 113 N.C. 240

Opinion

Per Curiam:

In this case both the plaintiff and defendants appealed. Mr. Justice Burwell did not sit, and the Court is evenly divided. The appeals have now been standing on this docket four terras. Under these circumstances, following the uniform practice of appellate Courts in such cases, the judgment below stands, not os a precedent, but as the decision in this case. Marshall, C. J., in Etting v. Bank, 11 Wheat., 59; TaNEY, C. J., in Benton v. Woolsey, 12 Pet., 27, and in Holmes v. Jenison, 14 Peters, 540; Washington v. Stewart, 3 Howard, 413, 424; Chase, C. J., in Reeside v. Reeside, 8 Wall., 302; Durant v. Essex Co., 8 Allen (Mass.), 103; 85 American Dec., 685. The appellauts will respectively pay the costs, each in their own appeal.

Plaintiff’s appeal affirmed.

Defendants’ appeal affirmed.