Revels v. Oxendine

At the threshold of this case we are confronted with a question of law not discussed or alluded to by either party but which appears upon the face of the record — the incapacity of the plaintiff committee to bring this action. Hence it becomes our duty ex mero motu to take notice of the defect. “If a court finds at any stage of the proceedings it is without jurisdiction, it is its duty to take notice of the defect and stay, quash or dismiss the suit. . . . ‘So, ex necessitate the court may, on plea, suggestion, motion, or ex mero motu,. where the defect of jurisdiction is apparent, stop the…