Shepard v. . Leonard

Tbe defendants insist that the order signed by Olive, Special Judge, is void for that it was entered without notice to them. O. S., 1823. We do not reach this question for discussion or decision for we are met at the threshold of this case by the more serious question of jurisdiction. “The instant that the court perceives that it is exercising, or is about to exercise, a forbidden or ungranted power, it ought to stay its action; and, if it does not, such action is, in law, a nullity.” Burroughs v. McNeill, 22 N. C., 297; Reid v. Reid, 199 N. C., 740, 155 S. E., 719; Washington County v. Land…