No. 101.

65 S.E.2d 356 (1951)

233 N.C. 699

PONDER v. DAVIS et al.

Supreme Court of North Carolina.

June 7, 1951.

Attorney(s) appearing for the Case

J. Walter Haynes, Asheville, A. E. Leake, Marshall and Shuford, Hodges & Robinson, Asheville, for plaintiff, appellee.

J. M. Baley, Jr., and Clyde M. Roberts, Marshall, for defendants, appellants.

STACY, Chief Justice.

The principal question for decision is whether the judgment of Judge Nettles, finding the defendants guilty of contempt, and the judgment of Judge Rudisill, imposing punishments on such finding, or either of them, can be sustained. The record impels a negative answer.

I. The Judgment of Judge Nettles

In the first place, it should be noted that by G.S. § 5-9, "In all proceedings for contempt and in proceedings as for contempt...


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