White v. Perry

The exception to the signing and entry of the judgment presents for review the face of the record proper which includes whether the facts found or admitted support the judgment. Fishing Pier v. Town of Carolina Beach, 274 N.C. 362, 163 S.E. 2d 363 (1968).

Appellant in his brief states “Plaintiff does not question the proposition that pleading a release through a further reply can constitute a ratification of a settlement and bar a plaintiffs cause of action.” We hold that the pleading of the release by the plaintiff in the “further reply” constituted a ratification by the plaintiff of the…