J. O. Plott Co v. H. K. Ferguson Const. Co

• Decision Date: 06 June 1930
• Docket Number: No. 607-K.,607-K.
• Citation: 153 S.E. 396
• Court: North Carolina Supreme Court
• Parties: J. O. PLOTT CO. v. H. K. FERGUSON CONST. CO. et al.

(198 N.C. 782)

153 S.E. 396

J. O. PLOTT CO.

v.H. K. FERGUSON CONST. CO. et al.

No. 607-K.

Supreme Court of North Carolina.

June 6, 1930.

Appeal from Superior Court, Buncombe County; Schenck, Judge.

Action by the J. O. Plott Company against the H. K. Ferguson Construction Company and others. From a judgment dismissing the action, plaintiff appeals.

Appeal dismissed.

John H. Cathey, of Asheville, for appellant.

Bernard, Williams & Wright, of Asheville, for appellee Deposit Co.

STACY, C. J.

It appears from the statement of case on appeal, which constitutes the entire record sent to this court, that the constitutionality of chapter 613, Public Local Laws 1927, is sought to be presented for decision. But, as only a synopsis of the complaint has been sent up, we are not in position to say that the question is squarely presented. We are disposed to think that it is not. At any rate, no error appears on the face of the record. Appellate courts never anticipate questions of constitutional law in advance of the necessity of deciding them; nor do they venture advisory opinions on such questions. Wood v. Braswell, 192 N. C. 588, 135 S. E. 529; Person v. Doughton, 186 N. C. 723, 120 S. E. 481.

It is provided by Rule 19, § 1, of the Rules of Practice in the Supreme Court, that "the pleadings on which the case is tried, the issues and the judgment appealed from shall be a part of the transcript in all eases." 192 N. C. 847. The appeal, therefore, must be dismissed for failure to send up the necessary parts of the record proper. Schwarberg v. Howard, 197 N. C. 126, 147 S. E. 741.

Appeal dismissed.