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BURGESS v. GIBBS

No. 31.

137 S.E.2d 806 (1964)

262 N.C. 462

Donald Luther BURGESS, by his Next Friend Theodore Burgess, v. Hugh GIBBS.

Supreme Court of North Carolina.

September 23, 1964.

Attorney(s) appearing for the Case

Hamrick & Hamrick by J. Nat Hamrick, Rutherfordton, for plaintiff appellant.

Meekins, Packer & Roberts, by Landon Roberts, Asheville, for defendant appellee.

PARKER, Justice.

Among other defenses, the answer of the defendant alleges as a plea in bar to plaintiff's action his immunity to suit at common law by plaintiff in this case and his nonliability under the provisions of G.S. § 97-9 and G.S. § 97-10.1 of the N. C. Workmen's Compensation Act.

A universal principle as old as the law is that the proceedings of a court without jurisdiction of the subject matter...

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