Miller v. . Roberts

Two questions are presented on tbis appeal: (1) Wben tbe defendants in tbeir answer failed to plead tbe North Carolina Workmen’s Compensation Act as a bar to tbe jurisdiction of tbe Superior Court, is evidence competent on trial in tbe Superior Court to prove facts which show tbe parties to be subject to tbe provisions of tbe act? (2) Is tbe judgment of nonsuit valid? We answer both in tbe affirmative.

1. Failure to take objection by answer to tbe jurisdiction of tbe court does not waive tbe right to object to tbe jurisdiction. C. S., 518. There can be no waiver of jurisdiction, and objection…