Mauney v. Mauney’s Empirical Analysis
1966
Citation profile
106 state decisions
How this case has been cited
Cited by 106 later decisions — most recently March 2019 · most notably Matter of Moore (1982), 99 N.C. App. 380 - Hartsell v. Hartsell (1990)
106 state decisions
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.
Relationships
Relies on Lamm v. . Lamm · Yow v. Yow · Luther v. Luther · In Re Hege · Dyer v. . Dyer
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A failure to obey an order of a court cannot be punished by contempt proceedings unless the disobedience is wilful, which imports knowledge and a stubborn resistance. `Manifestly, one does not act wilfully in failing to comply with a judgment if it has not been within his power to do so since the judgment was rendered.' Lamm v. Lamm, 229 N.C. 248 , 49 S.E.2d 403 . "Hence, this Court has required the trial courts to find as a fact that the defendant possessed the means to comply with orders of the court during the period when he was in default. "Parker, J. (now C. J.), speaking for the Court in the case of Yow v. Yow, 243 N.C. 79 , 89 S.E.2d 867 , said: `The lower court has not found as a fact that the defendant possessed the means to comply with the orders for payment of subsistence pendente lite at any time during the period when he was in default in such payments. Therefore, the finding, that the defendant's failure to make the payments of subsistence was deliberate and wilful, is not supported by the record, and the decree committing him to imprisonment for contempt must be set aside.' (Citing cases.) "In Green v. Green, 130 N.C. 578 , 41 S.E. 784 , it was held that in proceedings for contempt the facts found by the judge are not reviewable by this Court except for the purpose of passing upon their sufficiency to warrant the judgment. Where the trial judge found that the party was a healthy and able-bodied man for his age, and further found that he could pay at least a po”
11 later decisions quote this exact passage“`Criminal contempt is a term applied where the judgment is in punishment of an act already accomplished, tending to interfere with the administration of justice.'”
3 later decisions quote this exact passage“to preserve and enforce the rights of private parties to suits and to compel obedience to orders and decrees made for the benefit of such parties.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.