Legal Opinion

Saunders v. City of Fitzgerald

Supreme Court of Georgia

Decided May 25, 1901PublishedCited by 28 opinions

Action for damages. Before Judge Smith. Oconee superior court. October 25, 1900. This action was on account of personal injuries..

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Action for damages. Before Judge Smith. Oconee superior court. October 25, 1900. This action was on account of personal injuries.. There was a demurrer on the ground that the petition did not state facts sufficient to give the court jurisdiction, there being no allegation that before the filing of the suit the claim was presented to the city-council for adjustment, as required by the act of December 20, 1899 (Acts 1899, p. 74).’ After the filing of the demurrer, and at the appearance term, the plaintiff presented and proposed to file an amendment to the petition, in which amendment it was…

1Opinion of the CourtSimmons, C. J.

The act of December 20, 1899, requires, as a condition precedent to any suit upon a claim for money damages against a municipal corporation on account of injuries to person or property, that the claim shall be presented for adjustment to the municipal authorities. The act further provides that the municipal authorities shall have thirty days from the time of such presentation within which to consider and act upon such claim, and suspends the running of the statute of limitations during the time the claim is pending before such authorities without action on their part. In the present case the…

2Cited by28 opinions

  1. Information Systems and Networks Corp. v. The City of Atlanta, Herbert L. McCallCourt of Appeals for the Eleventh Circuit · 2002
  2. City Council of Augusta v. MarksSupreme Court of Georgia · 1905
  3. City of Chamblee v. MaxwellSupreme Court of Georgia · 1994
  4. Schaefer v. Mayor &C. of AthensCourt of Appeals of Georgia · 1969
  5. Jones v. City of AustellCourt of Appeals of Georgia · 1983

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