Supreme Court of North Carolina

Lynch v. Hazelwood

1985 N.C. LEXIS 1483 · 312 N.C. 619 · 324 S.E.2d 224

January 8, 1985 · Docket No. 327PA84

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Opinion

PER CURIAM.

The Court is evenly divided. Under these circumstances, following the uniform practice of this Court and the ancient rule of praesumitur pro negante, the decision of the Court of Appeals is affirmed, not as precedent but as the decision in this case. Durham v. R.R., 113 N.C. 240, 18 S.E. 208 (1893); Reg. v. Millis, 8 Eng. Rep. 844 (1844).

Affirmed.

Justice VAUGHN did not participate in the consideration or decision of this case.