Newman v. Mayor of Birmingham
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before the Hon. Wm. M. Wilkerson. In statutory demands made upon municipal and other authorities for payment of a debt, or for compensation for an injury, strictness of description is not required. It is sufficient if the demand reasonably draws the minds of the persons concerned to the occurrence in question and its cause.
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Appeal from City Court of Birmingham. Tried before the Hon. Wm. M. Wilkerson. In statutory demands made upon municipal and other authorities for payment of a debt, or for compensation for an injury, strictness of description is not required. It is sufficient if the demand reasonably draws the minds of the persons concerned to the occurrence in question and its cause. Hardee v. Minneapolis, 42 N. W. 350; Wall v. Town of Highland,, 72 Wis. 435 ; Topper v. Town of Wheatland, 59 Wis. 623 ; Lyman v. Hampshire, 138 Mass. 78. And., it seems,the burden of proving that the persons proceeding to…
1Opinion of the CourtHead, J.
The appellant, Newman,, sued appellee for damages for raising the elevation of the grade of the street and sidewalk in front of his residence, and constructing them accordingly. Under the evidence, on the merits of his claim, he was entitled to recover; but the court ruled that there was no evidence tending to show that he had legally presented his demand to the mayor and aldermen, and procured action, or refusal to act, upon its allowance, before the institution of the suit, as. required by the city charter (Acts 1890-91, p. 114, § 36, p. 149), and, on request, gave the affirmative charge in…
2Cited by10 opinions
- Brannon v. City of BirminghamSupreme Court of Alabama · 1912
- McKinnon v. City of BirminghamSupreme Court of Alabama · 1916
- Perrine v. Southern Bitulithic Co.Supreme Court of Alabama · 1914
- Anderson v. City of BirminghamSupreme Court of Alabama · 1912
- Bland v. City of MobileSupreme Court of Alabama · 1904
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