Kistler v. City of Raleigh

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 against the city of any character whatever, * * * including damages for the taking and/or appropriation of private property of any kind, shall be instituted against the City of Raleigh, unless within 90 days…