{ "id": 8621464, "name": "MAXWELL H. THOMPSON and JAMES G. PIPE t/d/a THOMPSON-LIPE COMPANY v. D. WALTER TURNER", "name_abbreviation": "Thompson v. Turner", "decision_date": "1958-04-09", "docket_number": "", "first_page": "208", "last_page": "210", "citations": [ { "type": "official", "cite": "248 N.C. 208" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "245 N.C. 478", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8613304 ], "opinion_index": -1, "case_paths": [ "/nc/245/0478-01" ] } ], "analysis": { "cardinality": 278, "char_count": 4440, "ocr_confidence": 0.518, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.20721246682721656 }, "sha256": "eb79527b43a41a50ea49657bd6f77da7ee96a89f4a52163058b2a35da69d9200", "simhash": "1:48e354b50cae8071", "word_count": 712 }, "last_updated": "2023-07-14T22:38:24.992419+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "MAXWELL H. THOMPSON and JAMES G. PIPE t/d/a THOMPSON-LIPE COMPANY v. D. WALTER TURNER." ], "opinions": [ { "text": "PER CuRIAM.\nA study of the record discloses that crucial, essential findings of fact made by the trial Judge are \u00a1supported iby the evidence, and that these findings support the judgment. The record is free of reversible error. The judgment will be upheld.\nAffirmed.", "type": "majority", "author": "PER CuRIAM." } ], "attorneys": [ "W. H. Strickland and Alfred R. Crisp, for appellant.", "Williams cfc Whisnant, for appellees." ], "corrections": "", "head_matter": "MAXWELL H. THOMPSON and JAMES G. PIPE t/d/a THOMPSON-LIPE COMPANY v. D. WALTER TURNER.\n(Filed 9 April, 1958)\nContempt of Court \u00a7 6\u2014\nEvidence in this case held to support the trial court\u2019s finding that defendant had wrongfully and knowingly disobeyed a perpetual injunction theretofore issued in the cause against defendant, and judgment sentencing defendant to jail for thirty days for contempt is affirmed.\nAppeal by defendant from Froneberger, J., at January Term 1958, of Caldwell.\n\u2018 .Contempt proceeding in civil action wherein the court had previously entered a permanent order of injunction against the defendant.\nThe court in attaching the defendant for contempt entered judgment in pertinent part as follows:\n\u201c. . . upon the return of an order directing the defendant to show cause why he should not be attached for contempt, the plaintiffs and the defendant being present in person and by attorney; and being heard upon affidavits filed by both plaintiffs and the defendant, and \"upon argument of counsel; and upon such hearing the Court finding as a fact the following:\n\u201cThe defendant was \u2018perpetually enj oined and restrained from selling coffee, tea and other specialties and from aiding or assisting others to do so, and from violating the good will clause of his said contract in any other respects within the counties of Alexander, Ashe, Avery, Burke, Caldwell, McDowell, Mitchell, Watauga, Wilkes and Yancey,\u2019 said judgment having been signed by his Honor H. Hoyle Sink, Judge presiding at the April-May 1956 Term of the Caldwell County Superior Court. Upon appeal by the defendant to the Supreme Court of North Carolina, no error was found in the judgment of the Court below, the case being reported in 245 N.C. 478.\n\u201cThe defendant willfully and knowingly disobeyed said perpetual injunction when he aided and assisted in the organization of a corporation known as THE WALTER TURNER COFFEE COMPANY, INC., said corporation having been chartered July 29, 1957, and now being engaged in selling coffee within the territory set out above in competition with the plaintiffs.\n\u201cThe defendant, on or about, September 16, 1957, willfully and knowingly disobeyed the perpetual injunction when he solicited orders for Million Dollar Coffee from Mrs. Carl Aldridge, Mrs. B. J. Hovis and Corbett Johnson, merchants doing business in Avery County, North Carolina, one of the counties in which the defendant was restrained from selling coffee, tea and other specialties.\n\u201cThe defendant, on or about the 10th day of October, 1957, willfully and knowingly disobeyed said perpetual injunction when he personally sold and delivered one dozen bags of Million Dollar Coffee to Mrs. R. A. Harrison, a merchant doing business in Ashe County, North Carolina, one of the counties in which the defendant was restrained from selling coffee, tea and other specialties.\n\u201cThe defendant, on or about the 11th day of October, 1957, willfully and knowingly disobeyed the perpetual injunction when he sold and delivered four dozen bags of Million Dollar Coffee to Mr. K. H. Goodman, a merchant doing business in Ashe County, North Carolina, one bf the counties in which the defendant was restrained from .selling coffee, tea \u00a1and either specialties.\n\u201cThe defendant has willfully .and knowingly disobeyed \u00a9aid perpetual injunction by aiding and assisting Hal Edminsten, President of THE WALTER TURNER COFFEE COMPANY, INC., in selling coffee within the territory \u00a9at .out above and by sharing the automobile expenses with agents of THE WALTER TURNER COFFEE COMPANY, INC.\n\u201cThe Court finding as a fact that the defendant has willfully disobeyed the perpetual injunction of this Court in the manner above, set forth, IT IS THEREFORE ORDERED AND ADJUDGED .that the defendant is in contempt of Court and the defendant is hereby sentenced to be confined in the common jail of Galdlweill County, North Carolina, for a period of thirty (30) days.\u201d\nThe defendant excepted separately to each of the foregoing findings of fact and also to the entry of the judgment, and appealed to this Court, assigning errors.\nW. H. Strickland and Alfred R. Crisp, for appellant.\nWilliams cfc Whisnant, for appellees." }, "file_name": "0208-01", "first_page_order": 250, "last_page_order": 252 }