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264 N.C. 403

141 S.E.2d 794

Gorrell v. Gorrell

Supreme Court of North Carolina · decided 1965-05-05

Relies on Lamm v. . Lamm · Yow v. Yow · Smith v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1965-05-05

How this case has been cited

Cited by 14 later decisions — most recently July 2002

14 state decisions

10019651970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER Cueiam.

¶1 The order attaching defendant for contempt is fatally defective in that it is not supported by a finding of fact that defendant’s failure to make the required payments was wilful. “Our decisions uniformly hold that in contempt proceedings it is necessary for the court to find the facts supporting the judgment and especially the facts as to the purpose and object of the contemner, since nothing short of ‘willful disobedience’ will justify punishment.” Smith v. Smith, 247 N.C. 223, *404 225, 100 S.E. 2d 370, 372; accord, Smith v. Smith, 248 N.C. 298, 103 S.E. 2d 400; Yow v. Yow, 243 N.C. 79, 89 S.E. 2d 867.

¶2 Before the court may determine whether a husband’s failure to pay is a wilful disobedience of its orders, i.e., done “knowingly and of stubborn purpose,” Lamm v. Lamm, 229 N.C. 248, 250, 49 S.E. 2d 403, 404, the judge must “find what are his assets and liabilities and his ability to pay and work — an inventory of his financial condition,” Vaughan v. Vaughan, 213 N.C. 189, 193, 195 S.E. 351, 353.

¶3 The order of arrest must be struck. The cause is remanded for further proceedings.

¶4 Error and remanded.

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