Lamm v. . Lamm

A person cannot be punished for contempt in failing to obey an order issued by a court unless his disobedience is willful. G. S., 5-1, subsection 4. One acts willfully when be acts knowingly and of stubborn purpose. West v. West, 199 N. C., 12, 153 S. E., 600; In re Hege, 205 N. C., 625, 172 S. E., 345. Manifestly, one does not act willfully in failing to comply with a judgment if it has not been within his power to do so since the judgment was rendered. As no testimony was presented at the hearing upon the rule to show cause tending to negative the truth of the explanation made by defendant,…