Legal Opinion
City of Atlanta v. J. J. Black & Co.
Court of Appeals of Georgia
Decided November 19, 1964No. 40960PublishedCited by 16 opinions
1Opinion of the Court
Felton, Chief Judge.
The plaintiff in error city, in arguing its general demurrer, contends that the petition was fatally defective in that it failed to allege compliance on the part of the plaintiff contractor with the ante litem notice requirements of Code Ann. § 69-308. This statute is in derogation of the common law, which did not require such ante litem notice; therefore it must be strictly construed and not extended beyond its plain and explicit terms. Sears v. Minchew, 212 Ga. 417 (93 SE2d 746); Duncan v. Entrekin, 211 Ga. 311 (85 SE2d 771); Foster v. Vickery, 202 Ga. 55, 60 (42 SE2d…
2Cases cited11 opinions
- McSwain v. EdgeCourt of Appeals of Georgia · 1909
- White v. LittleSupreme Court of Georgia · 1913
- Foster v. VickerySupreme Court of Georgia · 1947
- Cheatham v. PalmerSupreme Court of Georgia · 1941
- Duncan v. EntrekinSupreme Court of Georgia · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fed. Deposit Ins. Corp. v. LoudermilkSupreme Court of Georgia · 2019
- Neely v. City of RiverdaleCourt of Appeals of Georgia · 2009
- Brownlow v. City of CalhounCourt of Appeals of Georgia · 1991
- Perkins v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1967
- Bartens v. Mayor of BaltimoreCourt of Appeals of Maryland · 1982
11 more not listed; retrieve them via the Exa API.