McMinn v. . Hamilton
Cases that cite this one
11 later published cases cite this decision.
- Clark v. . Homes (N.C. 1925)
- Clark v. Carolina Homes, Inc. (N.C. 1925)
- In re M.R.J. (N.C. 2021)
- Albuquerque & Cerrillos Coal Co. v. Lermuseaux (N.M. 1920)
- Brown v. . Harding (N.C. 1915)
- McArthur v. . Griffith (N.C. 1908)
- St. Louis, Iron Mountain & Southern Railway Co. v. Gray (Ark. 1904)
- Shields v. Union Central Life Insurance (N.C. 1896)
- Cherry v. . Lilly (N.C. 1893)
- Granville County Board of Education v. State Board of Education (N.C. 1890)
- Fields v. Maloney (Mo. 1883)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.