Burnette v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. The petition alleged that a notice had been served upon the “defendant, city of St. Joseph” and not upon the mayor, and did not allege that the notice stated the character or circumstances of the injury, nor that said notice was verified. Without such a notice, no suit could be maintained, therefore it was necessary both to plead and prove that such a notice had been served upon the mayor of defendant city.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. The petition alleged that a notice had been served upon the “defendant, city of St. Joseph” and not upon the mayor, and did not allege that the notice stated the character or circumstances of the injury, nor that said notice was verified. Without such a notice, no suit could be maintained, therefore it was necessary both to plead and prove that such a notice had been served upon the mayor of defendant city. R. S. 1899, sec. 5721; Coddard v. Lincoln, 11 Munic. Corp. Cases 61, 96 N. W. 273; Pier v. Heinrichenhoffen, 52 Mo. 233;…
1Opinion of the Court
JOHNSON, ¡J.
Action for damages for personal injuries resulting from a fall alleged to have been caused by a defective sidewalk. Plaintiff recovered judgment.
Defendant objects to the sufficiency of the notice given by plaintiff pursuant to section 5724, Revised Statutes 1899. The record shows the notice Avas served upon the mayor in the time prescribed but defendant says it should not have been received in evidence over its objection because of the failure of plaintiff to allege in the petition that it was served upon that officer, the allegation being that the service was upon the defendant…
2Cases cited4 opinions
- Reno v. City of St. JosephSupreme Court of Missouri · 1902
- Lyons v. City of St. JosephMissouri Court of Appeals · 1905
- Strange v. City of St. JosephMissouri Court of Appeals · 1905
- George v. City of St. JosephMissouri Court of Appeals · 1902
3Cited by2 opinions
- Hilson v. City of MemphisTennessee Supreme Court · 1919
- Jacobs v. City of St. JosephMissouri Court of Appeals · 1908