Legal Opinion

Whidden v. City of Thomasville

Court of Appeals of Georgia

Decided December 19, 1911No. 3374PublishedCited by 4 opinions

Action for damages; from city court of Thomasville — Judge W. H. Hammond. The petition alleges, that the defendant damaged the plaintiff in the sum of $200, by reason of negligence hereinafter set forth; that a .claim in writing (a copy of which is set forth) was presented to the defendant by the plaintiff, in which payment of the amount of the damage was demanded, and that payment was refused.

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Action for damages; from city court of Thomasville — Judge W. H. Hammond. The petition alleges, that the defendant damaged the plaintiff in the sum of $200, by reason of negligence hereinafter set forth; that a .claim in writing (a copy of which is set forth) was presented to the defendant by the plaintiff, in which payment of the amount of the damage was demanded, and that payment was refused. The remaining allegations are as follows: (Paragraph 5) “Your petitioner shows that at a certain point on Oak street, within the limits of the city of Thomasville, the defendant had, for a number of…

1Opinion of the CourtHill, C. J.

1. The judgment sustaining the general demurrer to the petition is a final judgment, from which a writ of error will lie.

2. Where a bill of exceptions recites that the court sustained a general demux-rex-, and that “the plaintiff in error excepted to the order sus- . taining said general demurrer, and assigns the same as errox-,” the assignment of error is sufficient. O’Neal v. Miller, 9 Ga. App. 180 (70 S. E. 971).

3. In a suit to recover damages from a municipal cox-poration for an alleged injury resulting from a defective construction of a street, it is not necessary to allege either actual…

2Cases cited1 opinion

  1. Mayor of Montezuma v. WilsonSupreme Court of Georgia · 1889

3Cited by4 opinions

  1. Chambers v. Peacock Construction Co.Court of Appeals of Georgia · 1967
  2. Hurt & Quinn, Inc. v. KeenCourt of Appeals of Georgia · 1953
  3. Kelly v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1919
  4. Kennedy & Co. v. Savannah Buggy Co.Court of Appeals of Georgia · 1918

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