Grambs v. City of Birmingham, 6 Div. 836

CourtSupreme Court of Alabama
Writing for the CourtSAYRE, J.
Citation80 So. 874,202 Ala. 490
Docket Number6 Div. 836
Decision Date13 February 1919
PartiesGRAMBS v. CITY OF BIRMINGHAM.

80 So. 874

202 Ala. 490

GRAMBS
v.
CITY OF BIRMINGHAM.

6 Div. 836

Supreme Court of Alabama

February 13, 1919


Appeal from Circuit Court, Jefferson County; John H. Miller, Judge.

Suit by Fannie Leola Grambs against the City of Birmingham. From a judgment for defendant, plaintiff appeals. Affirmed. [80 So. 875]

Beddow & Oberdorfer, of Birmingham, for appellant.

Fred G. Moore, of Birmingham, for appellee.

SAYRE, J.

Appellant sued the city of Birmingham for damages, alleging that she had received injuries by reason of stepping into a hole negligently allowed to remain in a street of the city. The trial court sustained a demurrer to each of the five counts of the complaint, whereupon, plaintiff declining to plead further, judgment went for defendant.

The complaint averred that "before the filing of this suit, on, to wit, the 21st day of September, 1917, a sworn statement was filed with the clerk of the city of Birmingham, by the plaintiff, stating substantially the manner in which the injury was received, and the day and the time and the place where the accident occurred, and the damage claimed." It will be observed that this declaration followed the language of section 1275 of the Code. But section 12 of the act "to further provide for the organization, government and regulation of cities which now have or which may hereafter have a population of as much as one hundred thousand people according to the last federal census," etc., not by reference, but as an original proposition, in general effect, re-enacted section 1275 of the Code, with some changes, however, and along with the rest added the requirement that the sworn statement to be filed with the city clerk should state "the street and house number where the party injured resides." Acts 1915, p. 294 et seq. Plaintiff, in framing her complaint, failed to take account of this addition to the statute law, and the demurrer aptly pointed out this fact.

It is now stated that section 12, supra, violates section 45 of the Constitution, in that it contains two subjects, or, if one only, the one is not clearly expressed in the title. This proposition of the brief is not argued, and we think it may be properly disposed of by reference to so much of the title as we have quoted above and a citation of one or two of our cases. Brannan v. Henry, 175 Ala. 454, 57 So. 967; Bell v. State, 115 Ala. 87, 22 So. 453.

It is also contended that the act violates that part of section 45 of the Constitution reading as follows:

"No law shall be *** amended *** by reference to its title only; but so much thereof as is *** amended *** shall be re-enacted and published at length."

The act in question is not of an amendatory character. It is in itself complete, and original in form, and affects section 1275 of the Code by implication only. It was long ago decided that the Constitution did not intend that...

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36 practice notes
  • Fomby v. City of Calera, Civ. A. No. CV 83-PT-1853-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • November 29, 1983
    ...of Mobile, 280 Ala. 419, 194 So.2d 825 (1967); Maise v. City of Gadsden, 232 Ala. 82, 166 So. 795 (1936); Grambs v. City of Birmingham, 202 Ala. 490, 80 So. 874 (1919). It is arguable that Stewart's holding is only dicta as it relates to personal injury In Stewart, supra, Hamilton v. City o......
  • Board of Revenue of Jefferson County v. Hewitt, 6 Div. 233.
    • United States
    • Alabama Supreme Court
    • June 30, 1921
    ...etc., Jefferson Co. v. Huey, 195 Ala. 83, 92, 70 So. 744; State ex rel. Mims v. Bugg, 196 Ala. 460, 71 So. 699; Grambs v. Birmingham, 202 Ala. 490, 80 So. 874. In Allman v. Mobile, supra, the act reviewed (Laws 1907, p. 398), entitled "To authorize cities and towns in the state of Alabama t......
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...to recovery. (Davis v. State, 30 Idaho 137, Ann. Cas. 1918D, 911, 163 P. 373; 19 R. C. L., p. 1041, sec. 329; Grambs v. Birmingham, 202 Ala. 490, 80 So. 874; Schigley v. City of Waseca, 106 Minn. 94, 16 Ann. Cas. 169, 118 N.W. 259, 19 L. R. A., N. S., 689.) Failure to specify in the claim f......
  • Caron v. Grays Harbor County, 28984.
    • United States
    • United States State Supreme Court of Washington
    • July 6, 1943
    ...liberty of quoting from a few of the decisions and citing a partial list of others upholding the rule. In Grambs v. City of Birmingham, 202 Ala. 490, 80 So. 874, 875, where the plaintiff had failed to set forth in his claim the 'street and house number where the party injured resides,' as r......
  • Request a trial to view additional results
36 cases
  • Fomby v. City of Calera, Civ. A. No. CV 83-PT-1853-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • November 29, 1983
    ...of Mobile, 280 Ala. 419, 194 So.2d 825 (1967); Maise v. City of Gadsden, 232 Ala. 82, 166 So. 795 (1936); Grambs v. City of Birmingham, 202 Ala. 490, 80 So. 874 (1919). It is arguable that Stewart's holding is only dicta as it relates to personal injury In Stewart, supra, Hamilton v. City o......
  • Board of Revenue of Jefferson County v. Hewitt, 6 Div. 233.
    • United States
    • Alabama Supreme Court
    • June 30, 1921
    ...etc., Jefferson Co. v. Huey, 195 Ala. 83, 92, 70 So. 744; State ex rel. Mims v. Bugg, 196 Ala. 460, 71 So. 699; Grambs v. Birmingham, 202 Ala. 490, 80 So. 874. In Allman v. Mobile, supra, the act reviewed (Laws 1907, p. 398), entitled "To authorize cities and towns in the state of Alabama t......
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...to recovery. (Davis v. State, 30 Idaho 137, Ann. Cas. 1918D, 911, 163 P. 373; 19 R. C. L., p. 1041, sec. 329; Grambs v. Birmingham, 202 Ala. 490, 80 So. 874; Schigley v. City of Waseca, 106 Minn. 94, 16 Ann. Cas. 169, 118 N.W. 259, 19 L. R. A., N. S., 689.) Failure to specify in the claim f......
  • Caron v. Grays Harbor County, 28984.
    • United States
    • United States State Supreme Court of Washington
    • July 6, 1943
    ...liberty of quoting from a few of the decisions and citing a partial list of others upholding the rule. In Grambs v. City of Birmingham, 202 Ala. 490, 80 So. 874, 875, where the plaintiff had failed to set forth in his claim the 'street and house number where the party injured resides,' as r......
  • Request a trial to view additional results

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