Kanoy v. Kanoy

BRITT, Judge.

Defendant assigns as error the failure of the trial judge to direct a verdict for defendant either at the close of plaintiff’s evidence or at the close of all the evidence for the reason that the separation agreement upon which plaintiff’s action was brought is void. Defendant contends that the agreement is void for all purposes because it was not acknowledged by defendant before a proper certifying officer in compliance with the requirements of G.S. 10-4 and G.S. 52-6.

G.S. 10-4 pertinent to our consideration provides:

“(a) Subject to the exception stated in subsection (c), a…