UPTON v. UPTON

No. 7216DC84.

187 S.E.2d 387 (1972)

14 N.C. App. 107

Charles Elton UPTON v. Mary Roberts UPTON.

Court of Appeals of North Carolina.

March 29, 1972.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

McLean, Stacy, Henry & McLean, by William S. McLean, Lumberton, for defendant appellee.


GRAHAM, Judge.

Plaintiff contends the trial court was without jurisdiction to enter the contempt order because at the time it was entered, the order which plaintiff allegedly violated was pending on appeal in this Court. We agree.

An initial support order was entered in this cause on 28 August 1967. In that order plaintiff was ordered, among other things, to pay to defendant $60.00 a week for the support of their children and to make monthly mortgage payments...

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