# Brown v. . Brown

> Supreme Court of North Carolina · October 18, 1944 · 224 N.C. 556

URL: https://www.frixlaw.com/law-library/cases/3652521

## Case

- **Full name:** Arlie W. Brown v. Ora Brown.
- **Court:** Supreme Court of North Carolina
- **Decided:** October 18, 1944
- **Citations:** 224 N.C. 556; 31 S.E.2d 529; 1944 N.C. LEXIS 414
- **Precedential status:** Published
- **Opinion:** Opinion of the court by DeviN
- **Judges:** DeviN
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3652521

## Opinion text

DeviN, J.
The ruling of the court below, that plaintiff Arlie
W.
Brown could not be adjudged in contempt for failure to comply with the provisions of a separation agreement entered into prior to the institution of the divorce action, must be upheld under the authority of
Davis v. Davis,
213 N. C., 537 , 196 S. E., 819 .
The husband’s obligation to make certain payments to his wife was based upon the contract entered into between them, and was not required of him by the valid judgment or order of a court having jurisdiction. Hence there was no willful disobedience of a court order or judgment such as would empower the court to attach him for contempt. G. S., 5-1 (4). The reference to the deed of separation in the complaint constituted an acknowledgment of the obligation, and in the judgment it was merely recited that the divorce judgment should not affect or invalidate the deed of separation. See also G. S., 50-11. The separation agreement is apparently still in effect, but compliance therewith may not be compelled by contempt proceedings in this action. In
Dyer v. Dyer,
212 N. C., 620 , 194 S. E., 278 , cited by appellant, the contempt proceedings for failure to make certain payments were predicated upon a valid judgment and willful disobedience thereof.
Judgment affirmed-.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3652521. Public record. Not legal advice.