City of Birmingham v. Simmons

Plaintiff was awarded damages alleged to have been caused by a defective bridge in one of defendant’s streets. Defendant appeals.

Appellant lays stress upon an assignment of error which brings under review that ruling of the trial court admitting in evidence the sworn claim filed with the clerk of the city commission stating the manner in which plaintiff’s injury was received, etc., in an effort to comply with section 2031 of the Code 1923. The objection taken against the notice is that the supporting affidavit was taken before Robert J. Wheeler, who at the time was under employment by…