ROBUCK v. ROBUCK

No. 7328DC780.

201 S.E.2d 557 (1974)

20 N.C. App. 374

Franklin Lewis ROBUCK v. Jennie G. ROBUCK.

Court of Appeals of North Carolina.

January 9, 1974.


Attorney(s) appearing for the Case

Robert S. Swain, Asheville, for plaintiff appellee.

Boyce, Mitchell, Burns & Smith by Robert E. Smith, Raleigh, for defendant appellant.


VAUGHN, Judge.

We see nothing in the agreement of the parties signed 1 March 1971 which, as a matter of law, bars defendant's right to defend the action brought against her and to assert her cross action. G.S. § 50-16.6(b), on which the Court relied, provides: "(b) Alimony, alimony pendente lite, and counsel fees may be barred by an express provision of a valid separation agreement so long as the agreement is performed." (Emphasis added.) The agreement...

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