#### BERTHA NEBEL v. WILLIAM NEBEL.

(Filed 25 November, 1931.)

Appeal and Error J d — Where Supreme Court is divided the judgment of the lower court will he affirmed.

Upon an even division of opinion of the Supreme Court on appeal, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

Appeal by defendant from Harding, J., at June Term, 1931, of MecicleNburg.

Affirmed.

This is an action brought by plaintiff against the defendant (1) for alimony without divorce (2) application for an allowance for subsistence pendente lite. 3 C. S., 1667.

T. L. Kirkpatrick and H. L. Taylor for plaintiff.

E. A. Ililker and B. G. Watkins for defendant.

Per Curiam.

The Court being evenly divided in opinion, one of the members, the Ghief Justice, not sitting, the judgment of the Superior Court is affirmed and stands as the decision of this action, without becoming a precedent. Gooch v. Western Union Tel. Co., 196 N. C., 823; Tarboro v. Johnson, 196 N. C., 824; Parsons v. Board of Education, 200 N. C., 88; Durham v. Lloyd, 200 N. C., 803.

Affirmed.