Burgess Ex Rel. Burgess v. Gibbs

Among other defenses, the answer of the defendant alleges as a plea in bar to plaintiff’s action his immunity to suit at com mon law by plaintiff in this case and his nonliability under the provisions of G.S. 97-9 and G.S. 97-10.1 of the N. C. Workmen’s Compensation Act.

A universal principle as old as the law is that the proceedings of a court without jurisdiction of the subject matter are a nullity. High v. Pearce, 220 N.C. 266, 17 S.E. 2d 108. 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…