McMinn v. Hamilton

Jurisdiction — Venue—Pleading. If a Court has jurisdiction of the subject matter of an action and the venue is wrong, the objection must he taken in apt time. If the defendant pleads to the merits of the action, he will be deemed to have waited the objection.

Appeal from an Order dismissing the Action, made at Spring Term, 1877, of Transylvania Superior Court, by Henry, J. Erom the 'case agreed and the record, the following facts appear: The plaintiff brought an action against the defendant in his representative character for $70.35 before a Justice of the Peace in said County where both parties reside. The defendant obtained letters of administration and filed his official bond in Henderson County. The defendant appeared before the Justice and pleaded payment and statute of limitations. Evidence was heard and judgment was rendered for the plaintiff, from, which the' defendant appealed. In the Superior Court he filed a demurrer, not to the jurisdiction, but on other grounds ; and made a motion at the same term to dismiss the action for want of jurisdiction. The plaintiff declined to remove the case by consent and His Honor dismissed the action. Erom which order the plaintiff appealed.