Lewis v. City Of Moultrie

• Decision Date: 29 February 1924
• Docket Number: (No. 14634.)
• Citation: Lewis v. City Of Moultrie, 31 Ga.App. 712, 121 S.E. 843 (Ga. App. 1924)
• Parties: LEWIS. v. CITY OF MOULTRIE.
• Court: Georgia Court of Appeals

31 Ga.App. 712

121 S.E. 843

LEWIS.

v.CITY OF MOULTRIE.

(No. 14634.)

Court of Appeals of Georgia, Division No. 2.

Feb. 29, 1924.

(Syllabus by the Court.)

Bell, J., dissenting.

Error from Superior Court, Colquitt County; W. E. Thomas, Judge.

Action by B. M. Lewis against the City of Moultrie. Judgment for defendant, and plaintiff brings error. Reversed.

Hoyt H. Whelchel, Jas. L. Dowling, and Erie B. Askew, all of Moultrie, for plaintiff in error.

P. Q. Bryan, of Moultrie, for defendant in error.

STEPHENS, J. Judgment reversed.

JENKINS, P. J., concurs.

BELL, J. (dissenting). I respectfully differ with my colleagues in the construction of the decision of the Supreme Court in City of Tallapoosa v. Brock, 138 Ga. 622 (2), 75 S. E. 644. I think that the ruling in that case had reference, not only to the sufficiency of the presentation, but also to the form of the claim, and that it is controlling upon the proposition that the writings in this case did not constitute such a "claim" as the law requires to be presented. I am therefore of the opinion that the nonsuit was proper.