Opinion

Berry v. . Berry

  • 215 N.C. 339
  • 1 S.E.2d 871
  • 1939 N.C. LEXIS 262
Court
Supreme Court of North Carolina
Filed
Mar 22, 1939
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
4 cases
Authority
More cited than 87.9%

The opinion

Stacy, C. J.

It does not appear within what time “the defendant has earned $140.00 since the original order was signed,” as the judgment bears no date, and there is no finding on the defendant’s plea of disavowal.

In re Odum,

133 N. C., 250 , 45 S. E., 569 . Hence, under authority of

Vaughan v. Vaughan,

213 N. C., 189 , 195 S. E., 351 , it would seem that the record is wanting in sufficiency to support a judgment for contempt or “willful disobedience” of the court’s order. C. S., 978;

West v. West,

199 N. C., 12 , 153 S. E., 600 ;

S. v. Clark,

207 N. C., 657 , 178 S. E., 119 .

The case is unlike

Dyer v. Dyer,

213 N. C., 634 , 197 S. E., 157 , or

Pain v. Pain,

80 N. C., 322 .

Whether the matter was properly before the resident judge “at chambers” is not decided. C. S., 986;

In re Brown,

168 N. C., 417 , 84 S. E., 690 ;

May v. Ins. Co.,

172 N. C., 795 , 90 S. E., 890 .

Error and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.