Gorrell v. Gorrell
Supreme Court of North Carolina
1Opinion of the Court
PER Cueiam.
The order attaching defendant for contempt is fatally defective in that it is not supported by a finding of fact that defendant’s failure to make the required payments was wilful. “Our decisions uniformly hold that in contempt proceedings it is necessary for the court to find the facts supporting the judgment and especially the facts as to the purpose and object of the contemner, since nothing short of ‘willful disobedience’ will justify punishment.” Smith v. Smith, 247 N.C. 223, 225, 100 S.E. 2d 370, 372; accord, Smith v. Smith, 248 N.C. 298, 103 S.E. 2d 400; Yow v. Yow, 243 N.C.…
2Cases cited6 opinions
- Lamm v. . LammSupreme Court of North Carolina · 1948
- Yow v. YowSupreme Court of North Carolina · 1955
- Vaughan v. VaughanSupreme Court of North Carolina · 1938
- Vaughan v. . VaughanSupreme Court of North Carolina · 1938
- Smith v. SmithSupreme Court of North Carolina · 1957
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mauney v. MauneySupreme Court of North Carolina · 1966
- Cox v. CoxCourt of Appeals of North Carolina · 1971
- Bennett v. BennettCourt of Appeals of North Carolina · 1974
- Matter of DinsmoreCourt of Appeals of North Carolina · 1978
- Moore v. MooreCourt of Appeals of North Carolina · 1978
2 more not listed; retrieve them via the Exa API.