Nobles v. Roberson
| Decision Date | 03 November 1937 |
| Docket Number | 306. |
| Parties | NOBLES v. ROBERSON et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Pitt County; E. H. Cranmer, Judge.
Suit by M. S. Nobles against D. M. Roberson and another, wherein J W. Bailey was appointed receiver to take possession of property of the named defendant. From an adjudication that the named defendant was in contempt of court for interfering with and obstructing the receiver, the named defendant appeals.
Affirmed.
A slaughter house owner who prevented a receiver from taking possession of slaughter house property was guilty of "contempt of court" where court which appointed receiver after due notice to owner had jurisdiction of the parties and subject matter, order had been filed in superior court of county in which property was situated, and owner the judgment debtor, resided as required by statute and order was not void (C.S. §§ 722, 724, 978).
Any interference with or disturbance of possession of a receiver without permission of court subjects disturber to punishment for contempt, since a receiver is an officer of the court and his possession is the possession of the court.
The appellant was adjudged in contempt of court for interfering with and obstructing a receiver who had been appointed by the superior court of Pitt county and who was attempting to take possession of certain property pursuant to an order of court.
The material findings of fact and the judgment of the court below thereon are as follows:
"This cause coming on to be heard before His Honor, E. H Cranmer, Judge presiding at the April Term, 1937, of Pitt Superior Court, and being heard upon the petition of Joseph W. Bailey, Receiver, and the order of the Court duly issued herein citing the defendant, D. M. Roberson, to appear at the courthouse in Greenville at 1:30 P. M., on March 22, 1937, and show cause, if any he has, why he shall not be attached for contempt on account of the matters and things set forth in the report and petition of the receiver, said matter having been continued by consent to be heard at the present term of said Court, and being heard, the Court finds the following facts, to-wit:
That at the October Term, 1936, in the above entitled action an order was duly entered appointing J. W. Bailey receiver to take charge of and possess himself of the effects and properties of the said defendant, D. M. Roberson, wherever the same might be found, and authorizing and directing said receiver, upon giving bond to be approved by the Clerk of this court in the sum of one thousand ($1,000.00) Dollars, 'to enter into and take possession of the slaughter house property and business of the defendant, purported to have been leased to H. G. Young, together with all of the stock, provisions and equipment of said business, and is authorized, empowered and directed to operate said business as receiver of this court, and said receiver is authorized, empowered and directed to institute such action as may be necessary to vacate and set aside lease and any other instruments appearing of record which, in the opinion of the receiver, were executed by the defendant for the purpose of defrauding his creditors, and particularly the deed of trust purporting to secure defendant's wife for an alleged indebtedness to her, which deed of trust is referred to in the examination had before the referee, and the said receiver is further authorized, empowered and directed to possess himself of all the property and effects of the defendant, wherever same may be found and of whatever nature they may be, and is authorized, empowered and directed to take charge of and possess himself of any bank account of the aforesaid slaughter house business, and presentation of a certificate copy of this order shall be sufficient order to any such bank, where any such deposit may be carried, to deliver the same to the receiver.'
That said receiver duly qualified by giving bond in the sum of One Thousand ($1,000.00) Dollars, as required, with the United States Fidelity and Guaranty Company as surety, which said bond was duly approved by the Clerk of this Court.
That ...
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...willful disobedience of an order lawfully issued by the court. This is contemptuous conduct. G.S. § 5--1, subsection 4; Nobles v. Roberson, 212 N.C. 334, 193 S.E. 420; Elder v. Barnes, 219 N.C. 411, 14 S.E.2d 249. Such conduct is punishable by 'fine not to exceed two hundred and fifty dolla......
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Patterson v. Patterson
...of an order lawfully issued by any court of competent jurisdiction may be punished for contempt. G.S. § 5-1, subd. 4. Nobles v. Roberson, 212 N.C. 334, 193 S.E. 420; Elder v. Barnes, 219 N.C. 411, 14 S.E.2d Safie Mfg. Co. v. Arnold, 228 N.C. 375, 45 S.E.2d 577. But an order of court not "la......
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