KISTLER v. CITY OF RALEIGH

No. 466.

136 S.E.2d 78 (1964)

261 N.C. 775

Charles M. KISTLER and wife, Jo Ann S. Kistler v. CITY OF RALEIGH, a municipal corporation, T. A. Loving & Company, a North Carolina corporation, and Vernon Peebles.

Supreme Court of North Carolina.

May 6, 1964.


Attorney(s) appearing for the Case

Lake, Boyce & Lake, Raleigh, for plaintiffs.

Paul F. Smith, Raleigh, for defendant City of Raleigh.

Thomas A. Banks, Raleigh, for defendant T. A. Loving & Co.


RODMAN, Justice.

The appeals present these questions: (1) Are plaintiffs prevented by the provisions of Raleigh's charter from maintaining this action? (2) If not, are plaintiffs, because of defendant's failure to give the bond prescribed by G.S. § 1-111, entitled to judgment by default? The answer to each question is no.

Sec. 107(b) of the city's charter, c. 1184, S.L.1949, provides: "No action for damages...

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