Legal Opinion · Concurrence

Cox v. Cox

Court of Appeals of North Carolina

Decided February 24, 1971No. 7119SC2Published

1Concurrence

Judge Brock

concurring.

I concur in the holding of the majority opinion that the judgment of indefinite confinement in this case is not supported by a finding that the husband presently possesses the means to comply. Obviously the husband’s financial condition will not be enhanced by confining him to jail; and, absent a present capa*479bility to comply, the indefinite confinement order is self-defeating. I am aware that there are instances where the “clanging of the jail door” will suddenly sharpen the memory of a recalcitrant husband so that he will pursue a financial resource that had “slipped…

2Cases cited4 opinions

  1. Mauney v. MauneySupreme Court of North Carolina · 1966
  2. Dyer v. . DyerSupreme Court of North Carolina · 1938
  3. Smith v. SmithSupreme Court of North Carolina · 1958
  4. Basnight v. BasnightSupreme Court of North Carolina · 1955

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