Smith v. Smith

Winborne, C. J.:

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 made, as above stated, is, in the light of established principles set forth in decisions of this Court, *300well taken. See Yow v. Yow, 243 N.C. 79, 89 S.E. 2d 867, in which in opinion by Parker, J., it is said: “The lower court has not found as a fact…