Gurney v. Gurney

South Dakota Supreme Court

Gurney v. Gurney

245 N.W. 396, 60 S.D. 607, 1932 S.D. LEXIS 122

South Dakota Supreme Court·Decided November 28, 1932·No. File No. 7453.·Published·Cited by 1 cases

Opinion

Where it appears from the record that the judgment of the trial court was correct, it should not be reversed on appeal, even though based on erroneous conclusions or wrong reasons. Keith v. Schievelbein, 53 S.D. 421, 229 N.W. 858; Birken v. Hickey,42 S.D. 472, 176 N.W. 137; Dwyer v. Chicago N.W.R. Co., 41 S.D. 535, 171 N.W. 760. Upon the entitre record in the instant case, a majority of the judges, while not in agreement with the reasoning or conclusions of the trial court, are nevertheless of the opinion that a substantially correct result was arrived at. The judgment and order appealed from are therefore affirmed.

CAMPBELL, P.J., and ROBERTS, WARREN, and RUDOLPH, JJ., concur.

POLLEY, J., dissents. *Page 608

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Where it appears from the record that the judgment of the trial court was correct, it should not be reversed on appeal, even though based on erroneous conclusions or wrong reasons. Keith v. Schievelbein, 53 S.D. 421, 229 N.W. 858; Birken v. Hickey,42 S.D. 472, 176 N.W. 137; Dwyer v. Chicago N.W.R. Co., 41 S.D. 535, 171 N.W. 760. Upon the entitre record in the instant case, a majority of the judges, while not in agreement with the reasoning or conclusions of the trial court, are nevertheless of the opinion that a substantially correct result was arrived at. The judgment and order appealed from are therefore affirmed.

CAMPBELL, P.J., and ROBERTS, WARREN, and RUDOLPH, JJ., concur.

POLLEY, J., dissents. *Page 608

Gurney v. Gurney, 245 N.W. 396, 60 S.D. 607, 1932 S.D. LEXIS 122 (S.D. 1932).

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Opinion

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