Smith v. Smith

103 S.E.2d 400 (1958)

248 N.C. 298

John O. SMITH

v.

Myrtle Irene Kinney SMITH.

No. 522.

Supreme Court of North Carolina.

April 30, 1958.

Ottway Burton, Don Davis, Asheboro, for plaintiff appellant.

Ferree & Anderson, Asheboro, for defendant appellee.

WINBORNE, Chief Justice.

Plaintiff appellant challenges the judgment from which appeal is taken upon the grounds that the trial judge erred, first in failing to make finding of fact in respect to his, plaintiff's, inability to pay more than he has paid, and second, in ordering imprisonment of plaintiff as specified.

The first point on which the challenge is…