INGLE v. INGLE

No. 7319DC443.

197 S.E.2d 61 (1973)

18 N.C. App. 455

Marlene INGLE, Petitioner, v. Garrie McDean INGLE, Respondent.

Court of Appeals of North Carolina.

June 13, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Ann Reed, Associate Atty. Gen., Raleigh, for the State.

Davis, Koontz & Horton by Clarence E. Horton, Jr., Concord, for respondent appellant.


BRITT, Judge.

The first question for our consideration is whether respondent was given sufficient notice of the purpose of the 28 September 1972 hearing. We hold that he was not. Prior to the hearing, respondent was served only with a subpoena which ordered him to appear "to testify in the above entitled action." At the hearing, the court made an informal inquiry as to why respondent had failed to make support payments in compliance with a prior court order and then...

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