North Carolina Board of Architecture v. Lee

142 S.E.2d 643, 264 N.C. 602, 1965 N.C. LEXIS 1250
CourtSupreme Court of North Carolina
DecidedJune 18, 1965
Docket538
StatusPublished
Cited by25 cases

This text of 142 S.E.2d 643 (North Carolina Board of Architecture v. Lee) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Carolina Board of Architecture v. Lee, 142 S.E.2d 643, 264 N.C. 602, 1965 N.C. LEXIS 1250 (N.C. 1965).

Opinions

ParKer, J.

Plaintiff was empowered by the specific provisions of G.S. 150-9 and 150-31 to institute this suit in the Wake County superior court for a permanent injunction to restrain defendant from allegedly practicing architecture in violation of the provisions of G.S. 83-1(3) and 83-12.

[608]*608Chapter 83 of the General Statutes is entitled “Architects.” G.S. 83-1(3) defines “The practice of architecture." G.S. 83-12 provides in relevant part: “In order to safeguard life, health and property, it shall be unlawful for any person to practice architecture in this State as defined in this chapter, except as hereinafter set forth, * * '* unless such person shall have secured from the Board a certificate of admission to practice architecture in the manner herein provided, and shall thereafter comply with the provisions of the laws of North Carolina governing the registration and licensing of architects.” G.S. 83-12 contains this express exception: “Nothing in this chapter shall be construed to prevent any individual from making plans or data for buildings for himself, * * provided that such persons preparing plans and specifications for buildings of any kind shall identify such plans and specifications by placing thereon the name and address of the author.” G.S. 83-12 further provides that anyone unlawfully violating the provisions of Chapter 83 of the General Statutes shall be guilty of a misdemeanor, and shall upon conviction be sentenced to pay a fine or imprisonment, or both, “each day of such unlawful practice to constitute a distinct and separate offense.”

Plaintiff’s first assignment of error is that the court erred in sustaining defendant’s objection to the following question it asked its witness, Louis Polier, its executive secretary: “Do you recall that any warning was issued to Mr. Lee about unauthorized practice in connection with the educational building for Salem Baptist Church?” In sustaining the objection the court stated: “What difference does it make?” Counsel for defendant in replying stated in part: “The Board is not required to give warnings.” This assignment of error is overruled on two grounds: First, because plaintiff failed to insert in the record what the answer of Polier would have been had he been permitted to respond, Board of Education v. Mann, 250 N.C. 493, 109 S.E. 2d 175; and second, because plaintiff concedes in his brief “that the showing of warnings is not required in order to warrant an injunction, a single act of unauthorized practice being sufficient, if shown, to invoke the criminal penalties of G.S. 83-12 or the injunctive relief of G.S. 150-31.”

Plaintiff’s second and last assignment of error is: “The court erred in rendering and signing the judgment as set forth herein.” This assignment of error does not bring up for review the evidence upon which the findings of fact are based. It does, however, raise the question as to whether an error of law appears on the face of the record proper. This includes the question whether the facts found by the judge are sufficient to support the judgment, and whether the judgment is regular in form. Insurance Co. v. Trucking Co., 256 N.C. 721, 125 S.E. 2d 25.

[609]*609Judge Copeland’s findings of fact relate to defendant’s activities in respect to three buildings: (1) The construction in 1955 of an educational building for Salem Baptist Church in Winston-Salem; (2) the construction in 1963 of an addition to Deeds Hall for Piedmont Bible College; and (3) the construction in 1964 of an automobile sales and service building.

Judge Copeland’s finding of fact in respect to the second building is that on 9 April 1963 defendant applied to the city of Winston-Salem for a building permit to construct a $45,000 addition to Deeds Plall for Piedmont Bible College, and the plans submitted were certified under seal of a duly licensed architect. Nothing in this finding of fact shows that defendant was engaged in the practice of architecture in violation of the provisions of Chapter 83 of the General Statutes. It appears that plaintiff has abandoned its allegation in its complaint and its contention that defendant violated the provisions of Chapter 83 of the General Statutes in respect to the construction of an addition to Deeds Hall for Piedmont Bible College, because upon the facts found by Judge Copeland it makes no contention in its brief that in doing this work defendant violated the provisions of Chapter 83 of the General Statutes. Further, plaintiff on the last page of its brief states: “Plaintiff contends that Both the church plans and the garage plans were violations, but that EitheR is sufficient to warrant an injunction against further violations by defendant.” Judge Copeland was correct in his conclusion of law that in respect to the construction of this addition to Deeds Hall for Piedmont Bible College defendant was not engaged in the practice of architecture in violation of the provisions of Chapter 83 of the General Statutes.

Judge Copeland’s findings of fact in respect to the third building are to this effect: On 9 March 1964 defendant applied to and received from the city of Winston-Salem a building permit for the construction of an automobile sales and service building on land which he had bought in several tracts over a period of years, and that titles to some of these tracts composing this land were conveyed to him by deed and some to him and his wife as tenants by the entirety. That the application for the building permit indicated that the owners were E. L. Connor and C. A. Lee, though in fact prior to, and at the time the building permit was issued, the land on which the building was constructed was actually owned by defendant or by defendant and his wife as tenants by the entirety. Defendant had completed his own plans for this building on 27 December 1963, and revised them on 9 March 1964. After receiving a building permit, defendant commenced to construct the building for himself. E. L. Connor, defendant’s brother-in-law, owned a smaller tract of land adjoining defendant’s land on which the building was be[610]*610ing constructed. On 31 March 1964 Connor decided to go in with defendant on this building, and on that day Connor and his wife and defendant and his wife executed deeds conveying their respective lands to Barbara Ann Adanas, and she then executed a deed conveying both tracts of land to defendant and his wife and Connor and his wife. Prior to the conveyances to Adams, defendant, and defendant and his wife as tenants by the entirety, owned about 90% to 95% of the entire land and Connor about 5%. The building was later leased by the owners to an automobile agency.

Tenancy by the entirety was recognized by the common law, at least as far back as the reign of Edward III, when husband and wife were regarded as one person, and that person was the husband, “and a conveyance to them by name was a conveyance in law to but one person.” Davis v. Bass, 188 N.C. 200, 124 S.E. 566; Motley v. Whitemore, 19 N.C. 537; Lee, North Carolina Family Law, 3d Ed., Vol. 2, p. 55.

In tenancy by the entirety, “the husband and wife take the whole estate as one person. Each has the whole; neither has a separate estate or interest; but the survivor of the marriage whether husband or wife is entitled to the entire estate * * Bank v. Hall, 201 N.C. 787, 161 S.E. 484.

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Bluebook (online)
142 S.E.2d 643, 264 N.C. 602, 1965 N.C. LEXIS 1250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-carolina-board-of-architecture-v-lee-nc-1965.