
    Perdue et al. v. City of Hapeville et al.
    
    This ease coming before this court for a decision by six Justices, the question being whether the trial court erred in sustaining a demurrer and in dismissing the petition, and the Justices being divided in opinion, Russell, C. J., and Hill and Hines, JJ., being of the opinion that the judgment of the trial court should be reversed; and Beck, P. J., and Atkinson and Gilbert, JJ., being of the opinion that it should be affirmed, tlie judgment of the lower court stands affirmed by operation of law.
    
      Appeal and Error, 4 C. J. p. 1122, n. 35.
    Courts, 15 C. J. p. 966, n. 78.
    
      No. 5392.
    February 15, 1927.
    Equitable petition. Before Judge Pomeroy. Fulton superior court. March 23, 1926.
    
      Hutcheson & Morris and Lucius S. Bellinger, for plaintiffs.
    
      H. A. Allen, Hooper & Hooper, and W. 0. Munday for defendants.
     