Branch Banking & Trust Co. v. Whitfield

Actions for a declaratory judgment under the provisions of G.S. 1-253 et seq. will lie only in a case in which there is an actual or real existing controversy between parties having adverse interests in the matter in dispute. Lide v. Mears, 231 N.C. 111, 56 S.E. 2d 404; Etheridge v. Leary, 227 N.C. 636, 43 S.E. 2d 847; Tryon v. Power Co., 222 N.C. 200, 22 S.E. 2d 450. “It does not extend to the submission of a theoretical problem or a 'mere abstraction’ ... It is no part of the function of the courts ... to give advisory opinions or to answer moot questions . . .” Poore v. Poore, 201 N.C.…