In this case Justice ClaeK did not sit, and the Court is evenly divided. According to the settled prac*252tice of appellate Courts in such cases, tbe judgment below stands, not as a precedent, but as tbe decision in this case. Puryear v. Lynch, 121 N. C., 255; Durham v. Railroad, 113 N. C., 240, and cases there cited.

Affirmed.