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, Justices Lumpkin, Beck, and Holden being in favor of a reversal, and Chief Justice Eish, Presiding Justice Evans, and Justice Atkinson being- in favor of an affirmative, it is considered and adjudged that the judgment of the court below stand affirmed by ' operation of law.