#### A. T. JULIAN v. CITY OF WINSTON-SALEM et al.

(Filed 16 November, 1927.)

Appeal and Error — Divided Court — Law of the Case.'

Where one of the justices of the Supreme Court takes no part in the decision of the case, and the other four are equally divided in their opinion, the judgment of the lower court is the law of the case, but not to be regarded as a precedent.

Appeal by defendants from Harding, J., at Majf Term, 1927, of FORSYTE.

W. B. Dalton for plaintiff.

Fred M. Parrish for defendants.

Per Curiam.

One member of tbe Court not sitting and tbe others being equally divided in opinion, tbe judgment will not be disturbed, but tbe decision will not become a precedent.

No error.