Legal Opinion · Dissent

Foreman v. City of Anniston

Supreme Court of Alabama

Decided February 6, 1964No. 7 Div. 558Published

1DissentColeman, Justice

(dissenting) :

The single assignment of error is that the court erred in sustaining objection to introduction in evidence of the sworn statement of claim filed by plaintiff with the city clerk as required by § 504, Title 37, Code 1940.

The objection urged by defendant is that the verification of the claim is insufficient in that the verification is made merely to. the best of affiant’s knowledge, information,. and belief.

The reason why such an attempted verification is no verification at all is clearly stated in Burgess & Company v. Martin, 111 Ala. 656, 20 So. 506. This rule, without…

2Cases cited12 opinions

  1. Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
  2. Burgess & Co. v. MartinSupreme Court of Alabama · 1895
  3. Florence Building & Investment Ass'n v. SchallSupreme Court of Alabama · 1894
  4. Pickle's Adm'r v. EzzellSupreme Court of Alabama · 1855
  5. Dennis v. Coker's Adm'rSupreme Court of Alabama · 1859

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