Whalen v. Bates

Pub. Stat. E. I. cap. 31. § 12, requires every person who shall have any claim against a town to present to the.town council, or if it be a claim against a city, to the city council of the city, a particular account of his claim, and provides that, in case just and due satisfaction is not made within forty days after the presentment of the claim, he may commence his action for its recovery. The presentation of the claim to the city council, in case of a claim against a city, is thus made a condition precedent to the maintenance of an action against a city. In the case at bar, the plaintiff’s…