Tennessee-Carolina Transportation, Inc. v. Strick Corp.

BRANCH, Justice.

Defendant contends that the trial judge’s ruling denying the taking of Mr. Aseff’s deposition resulted in a denial of his constitutional right to due process because he was denied the right to present competent evidence in defense to plaintiff’s claim. We do not agree. Defendant did not raise this question in the court below and we do not ordinarily consider constitutional questions which were not raised and passed upon in the court below. Bland v. Wilmington, 278 N.C. 657, 180 S.E. 2d 813; Johnson v. Highway Commission, 259 N.C. 371, 130 S.E. 2d 544. Further the judge’s…