Legal Opinion

Maise v. City of Gadsden

Supreme Court of Alabama

Decided March 26, 1936No. 7 Div. 353PublishedCited by 11 opinions

1Opinion of the Court

FOSTER, Justice.

This is an action against the city on a claim for personal injuries committed on him while a city convict under hard labor sentence. It is based On our several cases of City of Anniston v. Hillman, 220 Ala. 505, 126 So. 169; Hillman v. City of Anniston. 214 Ala. 522, 108 So. 539, 46 A.L.R. 89; Id., 216 Ala. 661, 114 So. 55.

The complaint did not allege that a sworn statement was filed with the city clerk as required by section 2031, Code. There was no demurrer to the complaint on that ground and no plea was filed alleging that it was not done.

After one argument for the…

2Cases cited25 opinions

  1. Barrett v. City of MobileSupreme Court of Alabama · 1900
  2. Hurley v. Town of BinghamUtah Supreme Court · 1924
  3. City of Bessemer v. BarnettSupreme Court of Alabama · 1924
  4. Grambs v. City of BirminghamSupreme Court of Alabama · 1919
  5. Hillman v. City of AnnistonSupreme Court of Alabama · 1926

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3Cited by11 opinions

  1. Howell v. City of DothanSupreme Court of Alabama · 1937
  2. City of Birmingham v. WestonSupreme Court of Alabama · 1937
  3. Downs v. City of BirminghamSupreme Court of Alabama · 1940
  4. City of Birmingham v. JeffSupreme Court of Alabama · 1938
  5. Cole v. City of BirminghamSupreme Court of Alabama · 1942

6 more not listed; retrieve them via the Exa API.

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