Hunt C. Moore and Ilus M. Lee for respondents. The Court of Appeals properly dismissed the appeal. Sec. 1479, R.S. 1919; Rule 15 of Kansas City Court of Appeals; Barnes v. Barnes, 149 Mo. App. 546; McGuire v. Brokaw, 226 S.W. 581; Harding v. Bedoll, 202 Mo. 625; Cunningham v. School District, 215 S.W. 249. WHITE, J.
[¶ 5] The parties agree Hoffner falls within the statutory definition of "teacher," and nonrenewal of his contract is therefore governed by N.D.C.C. § 15-47-38(5). See N.D.C.C. § 15-47-26; Cunningham v. Yellowstone Public School District, 357 N.W.2d 483, 485 (N.D. 1984). The parties differ, however, in their interpretation of the emphasized language of the statute.
The flaw in Reliable's argument is its failure to distinguish between personal jurisdiction and subject matter jurisdiction. The case law cited by Reliable involved personal jurisdiction in an original proceeding, not the subject matter jurisdiction of an appeal. The distinction is important because the right to object to personal jurisdiction may be waived by making a general appearance, Wallwork Lease Rental Co., Inc. v. Schermerhorn, 398 N.W.2d 127, 129 (N.D. 1986); whereas subject matter jurisdiction cannot be conferred by agreement, consent, or waiver. Cunningham v. Yellowstone Public School District No. 14, 357 N.W.2d 483, 488 (N.D. 1984); State v. Tinsley, 325 N.W.2d 177, 179 (N.D. 1982); Bryan v. Miller, 73 N.D. 487, 16 N.W.2d 275, 282 (1944). Jurisdiction over the subject matter and jurisdiction over the parties are essential for a court to properly act in a case.
While neither party has raised the issue of the trial court's jurisdiction, it is the duty of this court to raise jurisdictional issues on its own whenever such an issue appears on the record, even though the issue is not raised by the parties. Cunningham v. Yellowstone Public Sch. Dist., 357 N.W.2d 483 (N.D. 1984). If the district court was without jurisdiction to modify the custody decree, any judgment concerning Richard's motion to modify is void. Cunningham v. Yellowstone Public Sch. Dist., supra; Sturdevant v. SAE Warehouse, Inc., 270 N.W.2d 794 (N.D. 1978).