Boone v. Boone

218 S.E.2d 221, 27 N.C. App. 153, 1975 N.C. App. LEXIS 1775
Court of Appeals of North Carolina·Decided October 1, 1975·No. 7517DC419·Published·Cited by 10 cases

Opinion

BRITT, Judge.

By her three assignments of error, defendant contends the court erred (1) in declaring Clyde in contempt of court, (2) in concluding that the court had jurisdiction to declare Clyde in contempt, and (3) in ordering a copy of the order forwarded to the Department of Correction and the Parole Commission if Clyde failed to purge himself of contempt within 30- days of the order.

We do not reach the questions raised by the assignments of error for the reason that defendant has no standing-to raise the questions. It is- well settled in this jurisdiction that -only the party ■ aggrieved may appeal to the appellate court. G.S. 1-271 ; Coburn v. Roanoke Land and Timber Corporation, 260 N.C. 173, 132 S.E. 2d 340 (1963); Watkins v. Grier, 224 N.C. 334, 30 S.E. 2d 219 (1944) ; Duke Power Company v. Board of Adjustment, 20 N.C. App. 730, 202 S.E. 2d 607 (1974) ; cert. denied, 285 N.C. 235, 204 S.E. 2d 22 (1974). Where a party, is not aggrieved by the judicial order entered, his appeal will be dismissed. Gaskins v. Fertilizer Company, 260 N.C. 191, 132 S.E. 2d 345 (1963).

For the reasons stated, the appeal is

Dismissed.

Judges Parker and Clark concur.

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Boone v. Boone, 218 S.E.2d 221, 27 N.C. App. 153, 1975 N.C. App. LEXIS 1775 (N.C. Ct. App. 1975).

218 S.E.2d 221 (Boone v. Boone) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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