Basnight v. Basnight
This text of 89 S.E.2d 259 (Basnight v. Basnight) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Two members of the Court, Winborne and Higgins, JJ., not sitting, but with Devin, Emergency Justice, participating in lieu of Winborne, J., and the Court being of the unanimous opinion that the judgment entered below is erroneous in directing that the defendant be committed to jail for an indefinite period rather than for thirty days as prescribed by statute, G.S. 5-4, but with the six sitting members of the Court being evenly divided in opinion whether prejudicial or reversible error otherwise has been shown, the judgment below will be modified so as to limit the defendant’s confinement in jail to thirty days. Subject to this modification, the judgment is affirmed in accordance with the precedents which require a majority vote to overthrow a judgment of the Superior Court. Alexander v. Autens Auto Hire, 175 N.C. 720, 95 S.E. 850.
Modified and affirmed.
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Cite This Page — Counsel Stack
89 S.E.2d 259, 242 N.C. 645, 1955 N.C. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basnight-v-basnight-nc-1955.