fatal error in North Carolina

2018App. 403 , 410, 720 S.E.2d 785 , 791 (2011) (holding that the appellant's failure to designate the court to which the appeal is taken is not a fatal error, so long as this information may be fairly inferred and the other parties are not misled by the mistake).

2009This case is controlled by State v. Muse, 219 N.C. 226 , 13 S.E.2d 229 , in which the Court said: When a defendant in a criminal prosecution in the Superior Court enters a plea of not guilty he may not, without changing his plea, waive his constitutional right of trial by jury, the determinative facts cannot be referred to the decision of the court even by consent — they must be found by the jury.

2009This case is controlled by State v. Muse, 219 N.C. 226 , 13 S.E.2d 229 , in which the Court said: When a defendant in a criminal prosecution in the Superior Court enters a plea of not guilty he may not, without changing his plea, waive his constitutional right of trial by jury, the determinative facts cannot be referred to the decision of the court even by consent — they must be found by the jury.

2004Id. at 306 , 309 S.E.2d at 492 .

2004Id. at 306 , 309 S.E.2d at 492 .

2001This Court did not find this to be a fatal error and stated: Assuming that this return is incomplete in that it fails to specify in detail the agency of Carol Allen and the manner in which service upon her constituted compliance with G.S. 1A-1, Rule 4(J)(6), the significant factor in determining whether the court acquired jurisdiction over the corporate defendant here is whether the manner of service itself, rather than the return of the officer showing such service, complied with the applicable statute. ‘It is the service of summons and not the return of the officer that confers jurisdiction.

2001This Court did not find this to be a fatal error and stated: Assuming that this return is incomplete in that it fails to specify in detail the agency of Carol Allen and the manner in which service upon her constituted compliance with G.S. 1A-1, Rule 4(J)(6), the significant factor in determining whether the court acquired jurisdiction over the corporate defendant here is whether the manner of service itself, rather than the return of the officer showing such service, complied with the applicable statute. ‘It is the service of summons and not the return of the officer that confers jurisdiction.

1996In State v. Cameron, the evidence presented at trial tended to show that the crime alleged in the indictment occurred a week prior to the date specified in the indictment. 83 N.C.App. 69 , 349 S.E.2d 327 (1986).

1996In State v. Cameron, the evidence presented at trial tended to show that the crime alleged in the indictment occurred a week prior to the date specified in the indictment. 83 N.C.App. 69 , 349 S.E.2d 327 (1986).

1986Although it is surely little solace to Mr. Karney, because he cannot recover in quantum meruit for services rendered pursuant to a contract held void as against public policy, see Thompson v. Thompson, 313 N.C. 313 , 328 S.E. 2d 288 (1985); Davis v. Taylor, the portion of the trial court’s decision holding the contract void on the ground that it is contingent upon the value of the property awarded in an equitable distribution action is erroneous.

1986Rules of Civil Procedure.” See also Wood v. Wood, 297 N.C. 1 , 252 S.E. 2d 799 (1979); Taylor v. Triangle Porsche-Audi, Inc., 27 N.C.

1986Rules of Civil Procedure.” See also Wood v. Wood, 297 N.C. 1 , 252 S.E. 2d 799 (1979); Taylor v. Triangle Porsche-Audi, Inc., 27 N.C.

1986Although it is surely little solace to Mr. Karney, because he cannot recover in quantum meruit for services rendered pursuant to a contract held void as against public policy, see Thompson v. Thompson, 313 N.C. 313 , 328 S.E. 2d 288 (1985); Davis v. Taylor, the portion of the trial court’s decision holding the contract void on the ground that it is contingent upon the value of the property awarded in an equitable distribution action is erroneous.

1986Rules of Civil Procedure.” See also Wood v. Wood, 297 N.C. 1 , 252 S.E. 2d 799 (1979); Taylor v. Triangle Porsche-Audi, Inc., 27 N.C.

1981The North Carolina Supreme Court in a 1974 decision quoting State v. McBane, 276 N.C. 60 , 170 S.E. 2d 913 (1969), summarized the requirements of a proper indictment: “ ‘A valid warrant or indictment is an essential of jurisdiction.’ State v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 ; State v. Thornton, 251 N.C. 658, 660 , 111 S.E. 2d 901, 902 .

1981The North Carolina Supreme Court in a 1974 decision quoting State v. McBane, 276 N.C. 60 , 170 S.E. 2d 913 (1969), summarized the requirements of a proper indictment: “ ‘A valid warrant or indictment is an essential of jurisdiction.’ State v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 ; State v. Thornton, 251 N.C. 658, 660 , 111 S.E. 2d 901, 902 .

1981The North Carolina Supreme Court in a 1974 decision quoting State v. McBane, 276 N.C. 60 , 170 S.E. 2d 913 (1969), summarized the requirements of a proper indictment: “ ‘A valid warrant or indictment is an essential of jurisdiction.’ State v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 ; State v. Thornton, 251 N.C. 658, 660 , 111 S.E. 2d 901, 902 .

1981The North Carolina Supreme Court in a 1974 decision quoting State v. McBane, 276 N.C. 60 , 170 S.E. 2d 913 (1969), summarized the requirements of a proper indictment: “ ‘A valid warrant or indictment is an essential of jurisdiction.’ State v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 ; State v. Thornton, 251 N.C. 658, 660 , 111 S.E. 2d 901, 902 .

1981The North Carolina Supreme Court in a 1974 decision quoting State v. McBane, 276 N.C. 60 , 170 S.E. 2d 913 (1969), summarized the requirements of a proper indictment: “ ‘A valid warrant or indictment is an essential of jurisdiction.’ State v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 ; State v. Thornton, 251 N.C. 658, 660 , 111 S.E. 2d 901, 902 .

1981The North Carolina Supreme Court in a 1974 decision quoting State v. McBane, 276 N.C. 60 , 170 S.E. 2d 913 (1969), summarized the requirements of a proper indictment: “ ‘A valid warrant or indictment is an essential of jurisdiction.’ State v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 ; State v. Thornton, 251 N.C. 658, 660 , 111 S.E. 2d 901, 902 .

1965State v. Dunston, 256 N.C. 203 , 123 S.E. 2d 480 .

1965State v. Dunston, 256 N.C. 203 , 123 S.E. 2d 480 .

1944Tbe instruction mentioned was therefore misleading, and under tbe circumstances a fatal error.’ See, also, Territory v. Griego (N. M.), 42 Pac., 80 , citing with approval Randolph v. Lamplcin (Ky.), 14 S. W., 538 ; People v. Harris (Mich.), 43 N. "W., 1060; McBean v. State (Wis.), 53 N. W., 497 .

1944Tbe instruction mentioned was therefore misleading, and under tbe circumstances a fatal error.’ See, also, Territory v. Griego (N. M.), 42 Pac., 80 , citing with approval Randolph v. Lamplcin (Ky.), 14 S. W., 538 ; People v. Harris (Mich.), 43 N. "W., 1060; McBean v. State (Wis.), 53 N. W., 497 .

1896"Jurisdiction," said the Supreme Court of Illinois, in Thomas v. People, supra , "in the general and most appropriate sense of that term, as applied to the subject-matter of a suit, is always conferred by law , and it is a fatal error to suppose the power to decide in any case rests solely upon the averments of a pleading." Quoting from Melia v. Simmons , 45 Wis. 334 , the Court said of the appeal before it: "If this case falls within any class of cases, it is a class in which no court has any right to deliberate or render any judgment, and in which every conceivable act is an absolute nullity

1896It would seem therefore but proper that, somewhat extended quotations, and numerous citations should be made to show that the-contention is not well founded. “ Jurisdiction,” said the Supreme Court of Illinois in Thomas v. People, supra, “ in the general and most appropriate sense of that term, as applied to the subject matter-of a suit, is always conferred by law, and it is a fatal error to suppose the power to decide in any'case rests solely upon the averments of a pleading.” Quoting from Melia v. Simmons, 45 Wis., 334 , the Court said of the appeal before it: “ If this case falls within any

1896"Jurisdiction," said the Supreme Court of Illinois, in Thomas v. People, supra , "in the general and most appropriate sense of that term, as applied to the subject-matter of a suit, is always conferred by law , and it is a fatal error to suppose the power to decide in any case rests solely upon the averments of a pleading." Quoting from Melia v. Simmons , 45 Wis. 334 , the Court said of the appeal before it: "If this case falls within any class of cases, it is a class in which no court has any right to deliberate or render any judgment, and in which every conceivable act is an absolute nullity

1896It would seem therefore but proper that, somewhat extended quotations, and numerous citations should be made to show that the-contention is not well founded. “ Jurisdiction,” said the Supreme Court of Illinois in Thomas v. People, supra, “ in the general and most appropriate sense of that term, as applied to the subject matter-of a suit, is always conferred by law, and it is a fatal error to suppose the power to decide in any'case rests solely upon the averments of a pleading.” Quoting from Melia v. Simmons, 45 Wis., 334 , the Court said of the appeal before it: “ If this case falls within any