Berry v. . Berry

Supreme Court of North Carolina

Berry v. . Berry

1 S.E.2d 871, 215 N.C. 339, 1939 N.C. LEXIS 262

CourtSupreme Court of North Carolina

DecidedMarch 22, 1939

StatusPublished

Cited by6 cases

This text of 1 S.E.2d 871 (Berry v. . Berry) 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.

Bluebook

Berry v. . Berry, 1 S.E.2d 871, 215 N.C. 339, 1939 N.C. LEXIS 262 (N.C. 1939).

Pincite

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.

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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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Bluebook (online)

1 S.E.2d 871, 215 N.C. 339, 1939 N.C. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-berry-nc-1939.

Opinion

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