Berry v. . Berry
Cases that cite this one
4 later published cases cite this decision.
- Smith v. Smith (N.C. 1958)
- Yow v. Yow (N.C. 1955)
- Lamm v. . Lamm (N.C. 1948)
- Smithwick v. . Smithwick (N.C. 1940)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.