{
  "id": 8627534,
  "name": "STATE and ELLEN F. LOWE v. CHARLES N. LOWE",
  "name_abbreviation": "State v. Lowe",
  "decision_date": "1961-05-03",
  "docket_number": "",
  "first_page": "631",
  "last_page": "632",
  "citations": [
    {
      "type": "official",
      "cite": "254 N.C. 631"
    }
  ],
  "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": [],
  "analysis": {
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  "last_updated": "2023-07-14T21:52:35.681015+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE and ELLEN F. LOWE v. CHARLES N. LOWE"
    ],
    "opinions": [
      {
        "text": "PeR CuRiam.\nThe Recorder\u2019s Court of Randolph County was established pursuant to the authorization given by G.S. 7-218. By express language courts created pursuant to that section are courts of record. They have jurisdiction of all criminal offenses \u201cbelow the grade of a felony.\u201d G.S. 7-222.\nThe wilful failure of a husband to support his wife is a misdemeanor. G.S. 14-322, 14-325.\nJurisdiction of proceedings under the Uniform Reciprocal Enforcement of Support Act are vested in courts of record \u201chaving jurisdiction to determine liability of persons for the support of dependents in any criminal proceeding.\u201d G.S. 52A-9. When the statute was first enacted in 1951 jurisdiction was confined to the Superior Courts, but the statute was amended in 1955 and 1959. Courts established pursuant to the authority given by G.S. 7-218 now have jurisdiction to hear and determine complaints of the character filed by plaintiff in the Recorder\u2019s Court of Randolph County.\nAffirmed.",
        "type": "majority",
        "author": "PeR CuRiam."
      }
    ],
    "attorneys": [
      "Attorney General T. W. Bruton and Staff Attorney Richard T, Sanders for the State.",
      "Ottway Burton and Linwood T. Peoples for defendant appellant"
    ],
    "corrections": "",
    "head_matter": "STATE and ELLEN F. LOWE v. CHARLES N. LOWE\n(Filed 3 May, 1961.)\n1. Courts \u00a7 14\u2014\nA recorder\u2019s court established under C.S. 7-218 has jurisdiction of all criminal offenses below the grade of felony, G.S. 7-222, and therefore has jurisdiction of a proceeding under the Uniform Reciprocal Enforcement of Support Act to enforce an award of alimony rendered by a court of competent jurisdiction of another State. G.S. 52A-9.\n2. Husband and Wife \u00a7 18\u2014\nThe wilful failure of a husband to support his wife is a misdemeanor. G.S. 14-322 and G.S. 14-325.\nAppeal by defendant from Preyer, J., November 7, 1960 Civil Term Of RANDOLPH.\nOn 7 October 1960 Plaintiff Ellen F. Lowe filed a complaint with the clerk of the Recorder\u2019s Court of Randolph County alleging an award of alimony and support made to her by the Court of Common Pleas of Anderson County, South Carolina, in an action there entitled Charles M. Lowe v. Ellen Faye Lollis Lowe. She prays for enforcement of that decree as provided by the Uniform Reciprocal Enforcement of Support Act. G.S. c. 52A. In response to a summons defendant appeared, entered a special appearance, and moved to dismiss \u201cfor lack of jurisdiction on the ground that Randolph County Recorder\u2019s Court was not a court of record as contemplated in G.S. 52A-3 and defined in G.S. 7-326.\u201d Because of the failure of the judge of the Recorder\u2019s Court to promptly rule on the motion, defendant applied for writ of recordari which was granted. Judge Preyer, after examining the records, concluded the Recorder\u2019s Court of Randolph County had jurisdiction. He remanded the cause to the \u201cRecorder\u2019s Court of Randolph County to be disposed of according to law.\u201d Defendant appealed.\nAttorney General T. W. Bruton and Staff Attorney Richard T, Sanders for the State.\nOttway Burton and Linwood T. Peoples for defendant appellant"
  },
  "file_name": "0631-01",
  "first_page_order": 669,
  "last_page_order": 670
}