Daniel v. Tallassee Power Co.

161 S.E. 210, 201 N.C. 680, 1931 N.C. LEXIS 64

Opinion

Pee, Oubiam.

Without regard to the correctness of the ruling on the demurrer, as the result reached was within the power and discretion of the trial court, and apparently no harm has come to the plaintiff, the judgment will not be disturbed.

It is not the practice of appellate courts to upset judgments, even though irregularly entered, where no harm has come to appellant, and none is likely to result from allowing the judgment to stand. Bank v. McCullers, ante, 440; Rankin v. Oates, 183 N. C., 517, 112 S. E., 32.

Affirmed.