This case came before the Supreme Court on a writ of error, excepting to a judgment refusing a new trial. This court being equally divided in opinion, Bell, C. J., and Grice and Duckworth, JJ., being of the opinion that the judgment of the trial court should be reversed, and Jenkins, P. J., and Atkinson and Wyatt, JJ., being of the contrary opinion, the judgment is affirmed by operation of law.