In Re Stone

It is contended that the Superior Court acquired no jurisdiction to make such order in the original case of In re Stone because the proceeding was erroneously commenced before the clerk, who had no jurisdiction. When the matter reached the Superior Court by appeal the judge had the right under the statute to assume jurisdiction and dispose of the case as if originally begun there. Clark's Code, sec. 255 (3d Ed.); Roseman v. Roseman,127 N.C. 497, and cases cited.

The case of In re Stone was still pending in the Superior Court by virtue of the decree of Bond, J., who tried it at October Term,…