Gorrell v. Gorrell, 699
| Decision Date | 05 May 1965 |
| Docket Number | No. 699,699 |
| Court | North Carolina Supreme Court |
| Parties | Elizabeth F. GORRELL, Plaintiff, v. C. Paul GORRELL, Defendant. |
John F. Comer, Greensboro, for plaintiff, appellee.
Cahoon & Swisher, Greensboro, for defendant, appellant.
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. 79, 89 S.E.2d 867.
Before the court may determine whether a husband's failure to pay is a wilful disobedience of its orders, i. e., done 'knowingly and of stubborn purpose,' Lamm v. Lamm, 229 N.C. 248, 250, 49 S.E.2d 403, 404, the judge must 'find what are his assets and liabilities and his ability to pay and work--an inventory of his financial condition,' Vaughan v. Vaughan, 213 N.C. 189, 193, 195 S.E. 351, 353.
The order of arrest must be struck. The cause is remanded for further proceedings.
Error and remanded.
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Sable v. Sable, No. COA05-664 (N.C. App. 6/6/2006)
...presently possesses the means to comply. Wolf v. Wolf, 151 N.C. App. 523, 529, 566 S.E.2d 516, 520 (2002) (citing Gorrell v. Gorrell, 264 N.C. 403, 141 S.E.2d 794 (1965)). To find that a party acted willfully, "the court must find not only failure to comply but that the defendant presently ......
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Cox v. Cox, 7119SC2
...ability to pay and work--an inventory of his financial condition.' The Court has reaffirmed this position as recently as Gorrell v. Gorrell, 264 N.C. 403, 141 S.E.2d 794. 'The finding of facts by the trial court in the instant case is not sufficient basis for the conclusion that defendant's......
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Moore v. Moore
...a supporting spouse failing to make alimony or child support payments in the amounts established by court order. See Gorrell v. Gorrell, 264 N.C. 403, 141 S.E.2d 794 (1965); Mauney v. Mauney, 268 N.C. 254, 150 S.E.2d 391 (1966); Ingle v. Ingle, 18 N.C.App. 455, 197 S.E.2d 61 (1973); Fitch v......
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Dinsmore, Matter of
...with orders of the court during the period when he was in default." 268 N.C. at 257, 150 S.E.2d at 393. See also Gorrell v. Gorrell, 264 N.C. 403, 141 S.E.2d 794 (1965); Ingle v. Ingle, 18 N.C.App. 455, 197 S.E.2d 61 (1973); Cox v. Cox, 10 N.C.App. 476, 179 S.E.2d 194 It is not clear from t......