McCune v. Rhodes-Rhyne Manufacturing Co.

Upon the record on this appeal appellant, having the burden to do so, has failed to show error in the judgment below.

The jurisdiction of a court over the subject matter of an action depends upon the authority granted to it by the Constitution and laws of the sovereignty, and is fundamental. McIntosh P. & P., 7; Stafford v. Gallops, 123 N. C., 19, 31 S. E., 265. There can be no waiver of jurisdiction over the subject matter, and objection may be made at any time during the progress of the action. C. S., 518; Miller v. Roberts, 212 N. C., 126, 193 S. E., 286; Henderson County v. Smyth, 216 N.…