Boone v. Boone

Court of Appeals of North Carolina

Boone v. Boone

218 S.E.2d 221, 27 N.C. App. 153, 1975 N.C. App. LEXIS 1775

CourtCourt of Appeals of North Carolina

DecidedOctober 1, 1975

Docket7517DC419

StatusPublished

Cited by10 cases

This text of 218 S.E.2d 221 (Boone v. Boone) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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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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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Bluebook (online)

218 S.E.2d 221, 27 N.C. App. 153, 1975 N.C. App. LEXIS 1775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-boone-ncctapp-1975.

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