subject matter jurisdiction is the right of the court to exercise judicial power over a class of cases, not the particular case before it, but rather the abstract power to try a case of the kind or character of the one pending
How later courts described this case
- subject matter jurisdiction is the right of the court to exercise judicial power over a class of cases, not the particular case before it, but rather the abstract power to try a case of the kind or character of the one pending
Written by the judges who cited it.
The opinion
Wiest, C. J.
(concurring).
The statutory issue, having been framed, commanded trial and precluded the dismissal granted.
Whether, upon the trial of such issue, plaintiff can or cannot prevail under the facts then disclosed and law applicable thereto may not now be considered.
I, therefore, concur in the reversal.
Butzel, J., concurred with Wiest, C. J.