Legal Opinion

Lowder v. All Star Mills, Inc.

Court of Appeals of North Carolina

Decided March 4, 1980No. 7920SC387PublishedCited by 7 opinions

1Opinion of the Court

ERWIN, Judge.

The foremost question presented is whether the trial court had jurisdiction to adjudge defendant in contempt on 21 February 1979.

G.S. 5A-11 provides in pertinent part:

“§ 5A-11. Criminal contempt. — (a) Except as provided in subsection (b), each of the following is criminal contempt:

# * *(3) Willful disobedience of, resistance to, or interference with a court’s lawful process, order, directive, or instruction or its execution.”

while G.S. 5A-21(a) provides:

“5A-21. Civil contempt; imprisonment to compel compliance.— (a) Failure to comply with an order of a court is a continuing…

2Cases cited15 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Fisher v. United StatesSupreme Court of the United States · 1976
  3. Marchetti v. United StatesSupreme Court of the United States · 1968
  4. Maness v. MeyersSupreme Court of the United States · 1975
  5. Garner v. United StatesSupreme Court of the United States · 1976

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Jones v. JonesCourt of Appeals of North Carolina · 1981
  2. Glesner v. DembroskyCourt of Appeals of North Carolina · 1985
  3. State v. SheetzCourt of Appeals of North Carolina · 1980
  4. Lowder v. All Star Mills, Inc.Court of Appeals of North Carolina · 1986
  5. Subpoena Duces Tecum Issued to B.M. v. StateCourt of Appeals of Wisconsin · 1983

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