In Re Bd. of Commissioners of Caldwell Cnty., 167 S.E.2d 488 (N.C. Ct. App. 1969). · Go Syfert
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In Re Bd. of Commissioners of Caldwell Cnty., 167 S.E.2d 488 (N.C. Ct. App. 1969). Cases Citing This Book View Copy Cite
10 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: Price v. Carlson, 2018 NCBC 133 (N.C. Bus. Ct. 2018)
How cited ↗
Cited for
167 S.E.2d at 491 In view of the apparent vagueness of the order . . . and the lack of notice to show cause before entry of the Order appealed from, we reverse the adjudication of contempt[.]2 citing cases1 citing court put it this way
  • Price v. Carlson, 2018 NCBC 133 (N.C. Bus. Ct. 2018).published 2 cites
    (In view of the apparent vagueness of the order . . . and the lack of notice to show cause before entry of the Order appealed from, we reverse the adjudication of contempt[.])
  • Blevins v. Welch, 527 S.E.2d 667 (N.C. Ct. App. 2000).published
    App. 626, 629-30 , 167 S.E.2d 488, 491 (1969) (“The generality of the Order leaves much to be desired, and it is questionable whether the Order is capable of full understanding. ...
4 N.C. App. at 630 “in view of the apparent vagueness of the order . . . and the lack of notice to show cause before entry of the order appealed from, we reverse the adjudication of contempt.”1 citing case1 citing court quotes it
  • Price v. Carlson, 2018 NCBC 133 (N.C. Bus. Ct. 2018).published 2 cites
    “In view of the apparent vagueness of the order . . . and the lack of notice to show cause before entry of the Order appealed from, we reverse the adjudication of contempt[.]”
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In the Matter of the BOARD OF COMMISSIONERS OF CALDWELL COUNTY, to Wit, E. M. DUDLEY, Chairman; EARL LAND; W. L. TYSINGER, JR.; E. C. McCALL; FLOYD C. WILSON
6925SC45.
Court of Appeals of North Carolina.
May 28, 1969.
Published opinion
167 S.E.2d 488
1969 N.C. App. LEXIS 1561
Robert Morgan, Attorney General, by (Mrs.) Christine Y. Den-son, Staff Attorney, for the State. , Wilson & Palmer, by Hugh M. Wilson, for contemnors-appellants.
BRItt, Brock, ParKEr.
Cited by 4 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: North Carolina Business Court (1)
BboCK, J.

Without expressing any opinion of the regularity of the proceedings which led to the entry of the Order of 24 May 1968, we are confronted with the content of the Order itself. Although there was no appeal from the Order, by its terms the county commissioners are ordered and directed to provide adequate office space. The generality of the Order leaves much to be desired, and it is questionable whether[*630] the Order is capable of full understanding. It may well be that Judge Falls and the commissioners reached some consensus of thought as to what would constitute adequate office space, but that does not appear anywhere in the record before us.

However, irrespective of the apparent vagueness of what is required by the Order, the subpoenses in no way advised the commissioners that they were to appear and show cause why they should not be held in contempt for failure to supply adequate office space. The subpoenses merely directed them to appear for the purpose of giving evidence on behalf of the State in what appeared from the subpoenses to be a criminal prosecution against each of the commissioners; no such criminal actions were pending. The evidence shows that, based upon the subpoenses, the commissioners appeared prepared only to offer evidence relative to their disbursements of the “facilities fees” (G.S. 7A-304(a) (2)) paid over to the county from court costs.

In view of the apparent vagueness of the order of 24 May 1968 and the lack of notice to show cause before entry of the Order appealed from, we reverse the adjudication of contempt and the Order for confinement. And we remand this cause to the Superior Court of Caldwell County for appropriate proceedings as may appear necessary.

Reversed.

BRItt and ParKEr, JJ., concur.