# Berry v. . Berry

> Supreme Court of North Carolina · March 22, 1939 · 215 N.C. 339

URL: https://www.frixlaw.com/law-library/cases/3667823

## Case

- **Full name:** Annie Lee Berry v. Earl Berry.
- **Court:** Supreme Court of North Carolina
- **Decided:** March 22, 1939
- **Citations:** 215 N.C. 339; 1 S.E.2d 871; 1939 N.C. LEXIS 262
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 4 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/3667823

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3667823. Public record. Not legal advice.