Garrison v. McGuire

Pannell, Judge.

The appeal to this court enumerates as error the act of the judge of the superior court in allowing an “amended plea to the jurisdiction” as to the person, on the *666appeal in the superior court, and the sustaining of said plea and dismissing plaintiff’s petition.

1. Headnote 1 requires no elaboration.

Code § 81-503 provides: “If a defendant shall appear and plead to the merits, without pleading to the jurisdiction, and without excepting thereto, he shall thereby admit the jurisdiction of the court.” Since the Constitution of 1877, this section has applied to justice’s courts…