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WILDCATT v. SMITH

No. 8330DC773.

316 S.E.2d 870 (1984)

Kathleen WILDCATT v. John Lloyd SMITH.

Court of Appeals of North Carolina.

June 19, 1984.

Attorney(s) appearing for the Case

Western North Carolina Legal Services, Inc. by Lawrence Nestler and James H. Holloway, Sylva, for plaintiff.

Holt, Haire, Bridgers & Bryant, P.A. by Ben Oshel Bridgers, Sylva, for defendant.

WELLS, Judge.

This appeal raises for the first time the question of subject matter jurisdiction of our state courts over civil actions between members of the Eastern Band of Cherokees living on the reservation, following the recent creation of a tribal court system by the Eastern Band.1

It is axiomatic that personal and subject matter jurisdiction are essential prerequisites to entry of a valid court order. It is also beyond dispute...

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