FRANK v. GLANVILLE

No. 7911DC461.

262 S.E.2d 677 (1980)

Glenda M. FRANK, Petitioner-Appellee, v. Marshall GLANVILLE, Respondent-Appellant.

Court of Appeals of North Carolina.

February 19, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William F. Briley, Raleigh, for the State.

M. Travis Payne of Wake-Johnston-Harnett Legal Services, Inc., Smithfield, for respondent-appellant.


HILL, Judge.

Defendant first assigns as error the order that he be imprisoned for civil contempt, contending that a person must possess the present ability to comply with the contempt order before he can be so imprisoned.

Our Supreme Court stated in Lamm v. Lamm, 229 N.C. 248, 250, 49 S.E.2d 403, 404 (1948) that,

Manifestly, one does not act willfully in failing to comply with a judgment if it has not been within his power to do so since the...

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