Andrews v. Andrews

There is no merit in respondent’s contention that the Superior Court had no jurisdiction, for the reason that the Clerk of the Superior Court did not hear and render a decision in the proceeding. The statute directs a proceeding of this kind to be heard first by the clerk, but this direction is not jurisdictional. Lance v. Cogdill, 236 N.C. 134, 71 S.E. 2d 918. The parties stipulated that the proceedi-ing was removed from the clerk to the Superior Court. This being so, the Superior Court could retain jurisdiction and dispose of the proceeding. Woody v. Barnett, 235 N.C. 73, 68 S.E. 2d 810.

The…