Wildin v. City of Hutchinson

The opinion of the court was delivered by

Thiele, J.:

The fundamental questions in this appeal are whether in an action against the defendant city to recover for injuries to property as alleged in their petition the plaintiffs were required by G. S. 1949, 12-105 to file statement of their claim with the city, and if so whether the statement they did file met statutory requirements. An opinion is this day being filed in Howell v. City of Hutchinson (post 722) and reference is here made to portions thereof applicable to the situation here considered.

In April, 1943, plaintiffs commenced an action…