Daniel v. Tallassee Power Co

• Decision Date: 18 November 1931
• Docket Number: No. 417.,417.
• Court: North Carolina Supreme Court
• Parties: DANIEL . v. TALLASSEE POWER CO.

161 S.E. 210

(201 N.C. 680)

DANIEL .

v.TALLASSEE POWER CO.

No. 417.

Supreme Court of North Carolina.

Nov. 18, 1931.

Appeal from Superior Court, Davidson County; Warlick, Judge.

Action by J. M. Daniel against the Tallassee Power Company. From an adverse judgment, plaintiff appeals.

Affirmed.

Civil action for damages to two tracts of land (one owned by plaintiff, his brother T. W. Daniel, and the defendant as tenants) in common, and the other by plaintiff and his brother as tenants in common) caused by defendant's dam pounding water back upon said lands.

Demurrer interposed for defect of parties and misjoinder of causes sustained, the two causes separated, and T. W. Daniel ordered to be made a party plaintiff in both causes of action (C. S. § 516), from which the plaintiff appeals, assigning error.

Phillips & Bower and J. M. Daniel, Jr., all of Lexington, for appellant.

Raper & Raper, of Lexington, and R. L Smith & Sons, of Albemarle, for appellee.

PER CURIAM.

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. Farmers' Bank of Clayton v. McCullers, 201 N. C. 440, 160 S. E. 494; Rankin v. Oates, 183 N. C. 517, 112 S. E. 32.

Affirmed.