City of Birmingham v. Scott

The amendment to the complaint related to the same injury or subject-matter, was not a departure, and was permissible under section 9513 of the Code of 1923. Indeed) the amendment merely added the fact that the notice as required by the statute was given the city before the suit was' brought. Counsel for appellant insists that the amendment should not have been allowed for the reason that the original complaint did not state a cause of action, as an averment that the notice was given was a condition precedent to a recovery, and, this being true, there was nothing upon’which the amendment…