City of Columbus v. McDaniel

1. Inasmuch as a municipality is not, since the passage of the act of December 20, 1899, subject to suit on a claim of the character therein mentioned until after the same has been duly presented in writing to the municipal authorities for adjustment, it is imperative that one instituting an action to enforce the payment of such a claim shall in his petition affirmatively allege full compliance with the requirements of that act. Saunders v. Fitzgerald, 113 Ga. 619. But the plaintiff is under no obligation to encumber his pleadings by setting forth in his petition, or attaching thereto as an…