This ease came before this court upon a writ of error; and the same being'for decision by a full bench of six Justices, who are evenly divided in opinion, Chief Justice Fish, Presiding Justice Evans, and Justice Lumpkin being in favor of a reversal, and Justices Beck, Atkinson, and Holden being in favor of affirmance, it is considered and adjudged that the judgment of the court below stand affirmed by operation of law.