Virginia-Carolina Chemical Co. v. Turner

Tbe first attack on tbe validity of tbe default judgment against E. H. Turner is tbat chapter 520, Public-Local Laws, creating tbe Eorsytb County Court, is unconstitutional, and, therefore, tbe court itself is a nullity.

Tbis motion to declare itself out of existence was addressed to tbe Forsyth County Court. Tbis presents an anomalous situation. A court, as such, is asked to declare that it has no legal existence. This cannot be done. The court would first have to decide that it is a court in order to entertain the motion. Then, when the motion is considered, having already determined that it…