Opinion
File No. 7453.
Opinion filed November 28, 1932.
Appeal and Error.
Correct judgment should not be reversed on appeal, though based on erroneous conclusions or wrong reasons.
Polley, J., dissenting.
Note: On grounds for correct decision as not material, sec 2 R.C.L. 189; R.C.L. Perm. Supp. p. 366; R.C.L. Pocket Part, title "Appeal," § 163.
Appeal from Circuit Court, Davison County; HON. FRANK B. SMITH, Judge.
Action by Gladys B. Gurney against Cassius A. Gurney and others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. Affirmed.
H.A. Robinson, of Yankton, for Appellants.
Roscoe Satterlee, of Mitchell, for Respondent.
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.