
    Irby v. Allen & Company.
    This ease coming before this court for a decision by six Justices, the question being whether the Court of Appeals erred in affirming the judgment of the trial court, and the Justices of this court being divided in opinion on that question, Russell, C. J., and Atkinson and Hines, JJ., being of the opinion that the judgment of the Court of Appeals should be reversed, and Beck, P. J., and Hill and Gilbert, JJ., being of the contrary opinion, the judgment of the Court of Appeals is affirmed by operation of law. Civil Code (1910), § 6116.
    No. 4802.
    February 19, 1926.
    Appeal and Error 4 C. J. p. 1122, n. 35.
    
      Certiorari; from Court of Appeals. 33 Ga. App. 362.
    
      J. V. Poole, for plaintiff.
    
      Dorsey, Brewster, Howell & Heyman and Marie Bolding, for defendant.
     