Barrett v. City of Mobile
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Willtam S. AndeksoN. This action was brought by the appellant, Kate C. Barrett, against the City of Mobile and Khett Goode. The complaint as originally filed contained three counts. ‘Tbe first count was for trespass, in tbe Code form, for wrongfully taking one mule, tbe property of tbe plaintiff. Tbe second count was in trover and was in '•Code form for tbe wrongful conversion by tbe defendants of one mule.
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Appeal from the Circuit Court of Mobile. Tried before Willtam S. AndeksoN. This action was brought by the appellant, Kate C. Barrett, against the City of Mobile and Khett Goode. The complaint as originally filed contained three counts. ‘Tbe first count was for trespass, in tbe Code form, for wrongfully taking one mule, tbe property of tbe plaintiff. Tbe second count was in trover and was in '•Code form for tbe wrongful conversion by tbe defendants of one mule. Tbe third count- of tlie complaint was a special 'count, and was in words and figures as follows: “3d. Plaintiff claims of tbe…
1Opinion of the CourtSharpe, J.
By the charter act of the city of Mobile (Acts, 1896-97, p. 542), it is provided “That no claim against the city of Mobile shall be sued on until a statement thereof, giving date of accrual, name and residence of original claimant, and of assignee, if any, circumstance-',s and amount, shall have been filed with the clerk for consideration of the general councilj and-either rejected by them or held for sixiy days without action.”
The word “claim” as used in this provision is comprehensive enough to include charges against the city arising in tort as Avell as ex contractu. The legislative…
2Cases cited7 opinions
- Schroeder v. Colbert CountySupreme Court of Alabama · 1880
- Shinbone v. Randolph CountySupreme Court of Alabama · 1876
- Stephenson v. WrightSupreme Court of Alabama · 1895
- Womack v. BirdSupreme Court of Alabama · 1879
- Boggan v. BennettSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Grambs v. City of BirminghamSupreme Court of Alabama · 1919
- City of Birmingham v. WestonSupreme Court of Alabama · 1937
- Ryan v. YoungSupreme Court of Alabama · 1906
- Williams v. Williams, Admr.Indiana Supreme Court · 1940
- Condon v. City of ChicagoIllinois Supreme Court · 1911
37 more not listed; retrieve them via the Exa API.