Elder v. Barnes
Elder v. Barnes
Opinion of the Court
The ruling of the court below in adjudging the defendant in contempt of court for willful disobedience to an order lawfully issued by the court was based upon comprehensive findings of fact to which there was no exception. These findings were supported by the evidence and are sufficient to sustain the judgment. The order, for violation of which the contempt proceedings were instituted, was entered without objection, in an action in which the court had jurisdiction both of the parties and of the subject matter. The defendant was a party to the action and was present with counsel when the order was made and at all times when the recited proceedings were had. The order was not void and was entitled to respect. If in any particular erroneous, defendant’s remedy was by appeal. Nobles v. Roberson, 212 N. C., 334, 193 S. E., 420.
The power of the court to compel obedience to its orders lawfully issued is essential to the exercise of jurisdiction and the maintenance of its authority. Cromartie v. Commissioners, 85 N. C., 211. It was well said in Pain v. Pain, 80 N. C., 322: “Without the ability to compel obedience to its mandates — whether the order be to surrender writings in possession of a party, to execute deeds of conveyance, ... or to perform any other act the court is competent to require to he done— many of its most important and useful functions would be paralyzed.”
The provisions of C. S., 5279, relating to party ditches constructed by agreement, are inapplicable upon the facts found. It appears from the court’s findings that the defendant may relieve himself of the unpleasant consequences of his willful failure to obey the order of the court by means readily available to him.
The judgment is
Affirmed.
Reference
- Full Case Name
- ERNEST ELDER v. J. C. BARNES
- Cited By
- 13 cases
- Status
- Published