Gidcome v. City of Nashville

The record contains two suits which were consolidated for hearing. Plaintiffs took a nonsuit as to all defendants except the City of Nashville.

Pearl Marjorie Gidcome in her suit seeks to recover damages from the City for injuries received dne to an alleged defective sidewalk. In the other snit her husband, Herbert Eugene Gidcome, sues for loss of services of his wife, etc.

The City duly filed its written motion to dismiss the suits because the statutory notice as a condition precedent to sue was defective in this:

“First, the notice on its face shows that the suit was instituted before notice…