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REVELS v. OXENDINE

No. 741.

139 S.E.2d 737 (1965)

263 N.C. 510

W. G. REVELS, L. C. Oxendine, Nathan Strickland, and Britton Oxendine, In their official capacities as the Pembroke High School District Committee, Plaintiffs, v. Newman OXENDINE, Defendant.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Tally, Tally, Taylor & Henley, by Nelson W. Taylor, Fayetteville, for plaintiffs appellants.

Wm. E. Timberlake, Lumberton, for defendant appellee.

HIGGINS, Justice.

At the threshold of this case we are confronted with a question of law not discussed or alluded to by either party but which appears upon the face of the record —the incapacity of the plaintiff committee to bring this action. Hence it becomes our duty ex mero motu to take notice of the defect. "If a court finds at any stage of the proceedings it is without jurisdiction, it is its duty to take notice of the defect and stay, quash or...

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