#### WILLIAM M. WELLS v. JOSIE McCULLERS WELLS.

(Filed 23 September, 1942.)

This is an appeal by the plaintiff from Burney, J., at May Term, 1942, of Wilson, from an order denying his motion to strike out defendant’s answer and plea puis darrein continuance.

Moore ■& Brinldey and Parser, McIntyre & Henry for plaintiff, appellant.

Ehringhaus & Ehringhaus and Lucas & Band for defendant, appellee.

Per Curiam.

The Court being equally divided in opinion, Barnhill, J., not sitting, the judgment of the Superior Court is affirmed as the disposition of this appeal without becoming a precedent, in accord with the practice of the Court. Martin v. R. R., 208 N. C., 843; Collins v. Ins. Co., 213 N. C., 800.

Affirmed.