McMinn v. . Hamilton

77 N.C. 300

• Court: Supreme Court of North Carolina
• Decided: June 5, 1877
• Status: Published

Opinion

Eairoloth, J.

(After stating the facts as above.) Where a Court has no jurisdiction of the subject matter, the objection can be taken at any time, and indeed as soon as thi$ fact is discovered, the Court mero motu will take notice of it and dismiss the action. But if it has jurisdiction of the subject matter and the venue is wrong, the objection must be taken in apt time ; and if the defendant pleads to the merits of the action, he will be taken to have waived the objection. He cannot have two chances.

Applying this principle to the case before us, we think the defendant waived the objection by pleading before the Justice and that it was then too late to raise it.

Error.

PER, CURIAM. Judgment reversed.