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215 N.C. 339

1 S.E.2d 871

Berry v. . Berry

Supreme Court of North Carolina

Decided March 22, 1939

Supreme Court of North Carolina · decided 1939-03-22

Cited by 4 later decisions — most recently April 1958

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1939-03-22

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Stacy, C. J.

¶1 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.

¶2 The case is unlike Dyer v. Dyer, 213 N. C., 634, 197 S. E., 157, or Pain v. Pain, 80 N. C., 322.

¶3 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.

¶4 Error and remanded.

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