{
  "id": 8549014,
  "name": "IN THE MATTER OF THE CUSTODY OF MELVIN COX, JR., SUSAN DIANNE COX and JAMES EARL COX",
  "name_abbreviation": "In re the Custody of Cox",
  "decision_date": "1974-12-04",
  "docket_number": "No. 7419DC473",
  "first_page": "99",
  "last_page": "101",
  "citations": [
    {
      "type": "official",
      "cite": "24 N.C. App. 99"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "199 S.E. 2d 711",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1973,
      "opinion_index": -1
    },
    {
      "cite": "19 N.C. App. 657",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8555393
      ],
      "year": 1973,
      "opinion_index": -1,
      "case_paths": [
        "/nc-app/19/0657-01"
      ]
    },
    {
      "cite": "196 S.E. 2d 809",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1973,
      "opinion_index": -1
    },
    {
      "cite": "283 N.C. 585",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8559462,
        8559503,
        8559474,
        8559448,
        8559487
      ],
      "year": 1973,
      "opinion_index": -1,
      "case_paths": [
        "/nc/283/0585-02",
        "/nc/283/0585-05",
        "/nc/283/0585-03",
        "/nc/283/0585-01",
        "/nc/283/0585-04"
      ]
    },
    {
      "cite": "195 S.E. 2d 132",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1973,
      "opinion_index": -1
    },
    {
      "cite": "17 N.C. App. 687",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8556723
      ],
      "year": 1973,
      "opinion_index": -1,
      "case_paths": [
        "/nc-app/17/0687-01"
      ]
    },
    {
      "cite": "188 S.E. 2d 898",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "281 N.C. 315",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8575041,
        8575074,
        8575082,
        8575053,
        8575027
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/281/0315-02",
        "/nc/281/0315-04",
        "/nc/281/0315-05",
        "/nc/281/0315-03",
        "/nc/281/0315-01"
      ]
    },
    {
      "cite": "187 S.E. 2d 449",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "14 N.C. App. 159",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8547463
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/14/0159-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 340,
    "char_count": 5944,
    "ocr_confidence": 0.595,
    "pagerank": {
      "raw": 2.1468797225856155e-07,
      "percentile": 0.767899595690714
    },
    "sha256": "b5b808c60c7a259e6e4e6fc1fe141efd5ae9c5045a90d63ec08d88c043dcc34d",
    "simhash": "1:abaadc4176493e96",
    "word_count": 997
  },
  "last_updated": "2023-07-14T19:54:40.635509+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Morris and Martin concur."
    ],
    "parties": [
      "IN THE MATTER OF THE CUSTODY OF MELVIN COX, JR., SUSAN DIANNE COX and JAMES EARL COX"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nRespondent contends that her due process rights were infringed when the trial judge refused to provide a court reporter. In McAlister v. McAlister, 14 N.C. App. 159, 187 S.E. 2d 449, cert. denied, 281 N.C. 315, 188 S.E. 2d 898, a case of first impression in North Carolina, we held that failure to provide a court reporter, where a court reporter was unavailable, was not fatal where there was no showing of prejudice. No prejudice has been shown. This assignment of error is without merit and is overruled.\nRespondent assigns as error that the trial judge should have disqualified himself from hearing the cause by reason of interest or prejudice. Respondent filed a motion requesting Judge Sapp to disqualify himself and to transfer the case to another judge. The motion was denied. Respondent argues that on every discretionary ruling in this cause, the trial judge has ruled against her. We have carefully examined the record, the record of this case on its prior two appeals to this Court, and the allegations of respondent contained in her motion to remove the trial judge. There is no substantial evidence to support either respondent\u2019s allegations or respondent\u2019s arguments. This assignment of error is overruled.\nRespondent argues that it was error for Superior Court Judge Seay to issue a writ of habeas corpus for petitioner. A simple reading of G.S. 17-6 disposes of respondent\u2019s argument:\n\u201cApplication for the writ shall be made in writing, signed by the applicant \u2014 (1) To any one of the justices or judges of the Appellate Division. (2) To any one of the superior court judges, either during a session or on vacation.\u201d\nWe have carefully considered each of respondent\u2019s three remaining assignments of error and feel that no useful purpose can be served by an ad seriatum discussion. In our opinion respondent had a fair hearing free from prejudicial error.\nAffirmed.\nJudges Morris and Martin concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Ottway Burton, for the respondent-appellant.",
      "No counsel contra."
    ],
    "corrections": "",
    "head_matter": "IN THE MATTER OF THE CUSTODY OF MELVIN COX, JR., SUSAN DIANNE COX and JAMES EARL COX\nNo. 7419DC473\n(Filed 4 December 1974)\n1. Divorce and Alimony \u00a7 23\u2014 contempt for failure to pay child support \u2014 failure to provide court reporter\nRespondent was not prejudiced by the trial judge\u2019s failure to provide a court reporter for a hearing on petitioner\u2019s motion that. he be purged of contempt for failing to make child support payments.\n2. Judges \u00a7 5 \u2014 motion that judge disqualify himself\nThe trial judge did not err in the denial of respondent\u2019s motion that the judge disqualify himself from hearing petitioner\u2019s motion to purge himself of contempt for failure to make child support payments on the ground that the trial judge had ruled against petitioner on every discretionary ruling in this cause.\n3. Habeas Corpus \u00a7 1\u2014 confinement under district court order \u2014 issuance by superior court\nA superior court judge properly issued a writ of habeas corpus for a petitioner confined in jail pursuant to an order of the district court adjudging him in contempt for failure to make child support payments. G.S. 17-6. , . .\nAppeal by respondent from Scupp, Judge, 4 December 1973 Session of District Court held in Randolph County. Argued before the Court of Appeals 5 September 1974.\nThe matter of custody and child support with respect to Melvin Cox, Jr., Susan Dianne Cox, and James Earl Cox. has been the subject of litigation in the courts of Randolph County since 1961. Prior to 2 May 1972 custody of the children was in the mother, respondent, Virginia Minton Cox (now Virginia Mae Minton). Melvin Cox, the father, was ordered on 17 October 1964 to pay $17.50 per week for their support. On 31 August 1972 he was adjudged in contempt for failure to make the support payments as ordered. After a hearing on 28 September 1972 and the placement of the children in the custody :of the Randolph County Department of Social Services, respondent appealed to this Court. We affirmed the trial tribunal\u2019s order. In Re Cox, 17 N.C. App. 687, 195 S.E. 2d 132 (1973), cert, denied, 283 N.C. 585, 196 S.E. 2d 809 (1973). After affirmance, petitioner Melvin Cox was jailed, on 19 April 1973, on the prior finding of contempt. Petitioner protested that he had no means to comply with an order requiring him to pay $6,460.00, the amount of arrearage in his support payments, and oh 14 May 1972 the court entered an order to that effect. Without giving respondent an opportunity to offer evidence, the court found that petitioner\u2019s confinement and the payment of $2,000.00 into the office of the clerk would be sufficient to purge him completely of any wilful contempt of the orders entered in the cause. Respondent appealed. We vacated the order and remanded this action to the trial court on the grounds that the trial court f\u00e1iled to conduct a proper hearing before signing and entering the order purging petitioner of contempt and ordering his discharge from custody. In Re Cox, 19 N.C. App. 657, 199 S.E. 2d 711 (1973).\nAfter remand, an order was entered on 14 November 1973, without, a hearing, confining petitioner to the Randolph County Jail for compliance with the 31 August 1972 order adjudging petitioner in contempt for failure to make support payments. The next day petitioner made application for a writ of habeas corpus. The writ was issued, and petitioner was released from custody by Superior Court Judge Seay. A hearing was held in District Court on 4 December 1973, and judgment entered on 24 January 1974. After the court heard evidence from petitioner and respondent, petitioner was purged of all wilful contempt of any orders entered in this cause, and the 14 November 1973 order was vacated. The judgment further provided that any sum remaining unpaid, after credit of $2,000.00 was paid into the office of the clerk, would constitute a judgment against the property or estate of Melvin Lee Cox. Respondent brings her third appeal to this Court.\nOttway Burton, for the respondent-appellant.\nNo counsel contra."
  },
  "file_name": "0099-01",
  "first_page_order": 127,
  "last_page_order": 129
}