Supreme Court of North Carolina, 1929

Concrete Steel Co. v. Rose

Concrete Steel Co. v. Rose
Supreme Court of North Carolina · Decided September 25, 1929 · PER CURIAM.
149 S.E. 555; 197 N.C. 464; 1929 N.C. LEXIS 269 (South Eastern Reporter)

Concrete Steel Co. v. Rose

Opinion of the Court

Per Curiam.

Conceding, without deciding, that tbe judgment may have been irregularly entered, still it appears that tbe correct result has *465 been reached, and no barm can come from allowing the judgment to stand. Sucb was the course pursued in Rankin v. Oates, 183 N. C., 517, 112 S. E., 32. It would seem that as the appealing defendant is not entitled to recover against the plaintiff on bis counterclaim, any error committed on the trial was harmless. Cherry v. Canal Co., 140 N. C., 422, 53 S. E., 138. “A new trial will not be granted when the action of the trial judge, even if erroneous, could by no possibility injure the appellant.” Butts v. Screws, 95 N. C., 215.

Tbe action of the trial court in dismissing the counterclaim and awarding judgment in favor of the plaintiff will be.upheld.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.