KILBY v. DOWDLE

No. 6928SC38.

166 S.E.2d 875 (1969)

4 N.C. App. 450

Frank KILBY v. Jesse Wilton DOWDLE and Carolina Truck & Body Company, Inc.

Court of Appeals of North Carolina.

Certiorari Denied June 23, 1969.


Attorney(s) appearing for the Case

Gudger & Erwin, by Samuel J. Crow, Asheville, for plaintiff-appellee.

Uzzell & DuMont, by Harry DuMont, Asheville, for defendant-appellant.


BRITT, Justice.

An appeal lies immediately from refusal to dismiss a cause for want of jurisdiction. 1 Strong, N.C. Index 2d, Appeal and Error, § 6, p. 118.

Carolina contends that the superior court did not have jurisdiction to pass upon the plea in bar; that the Industrial Commission had exclusive jurisdiction to determine if plaintiff at the time of the injury came under the provisions of the Workmen's Compensation Act. We think this case is governed...

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