verified claim in Alabama

1995In applying the estoppel doctrine to the facts of that case, the Court said: "This court, in Ellison v. Butler , 271 Ala. 399 , 124 So.2d 88 , quoted 19 Am.Jur., Estoppel, § 34, wherein equitable estoppel is defined as the principle of law 'by which a party who knows or should know the truth is absolutely precluded, both in law and in equity, from denying, or asserting the contrary of, any material fact which, by his words or conduct, affirmative or negative, intentionally or through culpable negligence, he has induced another, who was excusably ignorant of the true facts and who had a right t

1995In applying the estoppel doctrine to the facts of that case, the Court said: "This court, in Ellison v. Butler , 271 Ala. 399 , 124 So.2d 88 , quoted 19 Am.Jur., Estoppel, § 34, wherein equitable estoppel is defined as the principle of law 'by which a party who knows or should know the truth is absolutely precluded, both in law and in equity, from denying, or asserting the contrary of, any material fact which, by his words or conduct, affirmative or negative, intentionally or through culpable negligence, he has induced another, who was excusably ignorant of the true facts and who had a right t

1995The issue was stated in the opinion as follows: "The sole issue may be stated as follows: whether a municipality may actively mislead a citizen who was injured on its streets by its negligence, by representing to him that his claim is sufficiently filed and perfected, and by urging him not to hire an attorney or to take any further action for a year; and, after having led him into error, successfully set up his failure to strictly comply with the statutory requirements of a verified claim within six months, reciting the dollar amount of the claim." 280 Ala. at 466 , 195 So.2d at 112 .

1995The issue was stated in the opinion as follows: "The sole issue may be stated as follows: whether a municipality may actively mislead a citizen who was injured on its streets by its negligence, by representing to him that his claim is sufficiently filed and perfected, and by urging him not to hire an attorney or to take any further action for a year; and, after having led him into error, successfully set up his failure to strictly comply with the statutory requirements of a verified claim within six months, reciting the dollar amount of the claim." 280 Ala. at 466 , 195 So.2d at 112 .

1991Public Health Trust of Dade County v. Carroll , 509 So.2d 1232 (Fla.Dist.Ct.App. 1987), demonstrates how a Florida court interpreted a hospital lien statute similar to ours. 1 The Florida statute states: "In order to perfect such lien, the executive officer or agent of a hospital, before, or within ten (10) days after, any such person shall have been discharged from such hospital, shall file in the office of the clerk of the circuit court of the county in which such hospital shall be located, a verified claim in writing. . . ." In this case, the court held that the tardiness of the hospital's

1935Atlantic Pacific Stages, Inc., v. Yandle, 224 Ala. 481 , 140 So. 603 . *103 The act of 1915 (General Acts 1915, p. 29S, § 12) provides for the filing of a verified claim for an injury and damage, as that declared upon in the instant case, stating that: “No suit shall be brought or maintained nor shall any recovery be had against any such city on a claim for personal injury, or for neglect or wrongful injury to personal property, unless within ninety days from the receipt of such injury, a sworn statement be filed with the city clerk, or the city officer corresponding thereto, by the party inju

1935Atlantic Pacific Stages, Inc., v. Yandle, 224 Ala. 481 , 140 So. 603 . *103 The act of 1915 (General Acts 1915, p. 29S, § 12) provides for the filing of a verified claim for an injury and damage, as that declared upon in the instant case, stating that: “No suit shall be brought or maintained nor shall any recovery be had against any such city on a claim for personal injury, or for neglect or wrongful injury to personal property, unless within ninety days from the receipt of such injury, a sworn statement be filed with the city clerk, or the city officer corresponding thereto, by the party inju

1935Atlantic Pacific Stages, Inc., v. Yandle, 224 Ala. 481 , 140 So. 603 . *103 The act of 1915 (General Acts 1915, p. 29S, § 12) provides for the filing of a verified claim for an injury and damage, as that declared upon in the instant case, stating that: “No suit shall be brought or maintained nor shall any recovery be had against any such city on a claim for personal injury, or for neglect or wrongful injury to personal property, unless within ninety days from the receipt of such injury, a sworn statement be filed with the city clerk, or the city officer corresponding thereto, by the party inju

1935Atlantic Pacific Stages, Inc., v. Yandle, 224 Ala. 481 , 140 So. 603 . *103 The act of 1915 (General Acts 1915, p. 29S, § 12) provides for the filing of a verified claim for an injury and damage, as that declared upon in the instant case, stating that: “No suit shall be brought or maintained nor shall any recovery be had against any such city on a claim for personal injury, or for neglect or wrongful injury to personal property, unless within ninety days from the receipt of such injury, a sworn statement be filed with the city clerk, or the city officer corresponding thereto, by the party inju

1935Atlantic Pacific Stages, Inc., v. Yandle, 224 Ala. 481 , 140 So. 603 . *103 The act of 1915 (General Acts 1915, p. 29S, § 12) provides for the filing of a verified claim for an injury and damage, as that declared upon in the instant case, stating that: “No suit shall be brought or maintained nor shall any recovery be had against any such city on a claim for personal injury, or for neglect or wrongful injury to personal property, unless within ninety days from the receipt of such injury, a sworn statement be filed with the city clerk, or the city officer corresponding thereto, by the party inju

1935Atlantic Pacific Stages, Inc., v. Yandle, 224 Ala. 481 , 140 So. 603 . *103 The act of 1915 (General Acts 1915, p. 29S, § 12) provides for the filing of a verified claim for an injury and damage, as that declared upon in the instant case, stating that: “No suit shall be brought or maintained nor shall any recovery be had against any such city on a claim for personal injury, or for neglect or wrongful injury to personal property, unless within ninety days from the receipt of such injury, a sworn statement be filed with the city clerk, or the city officer corresponding thereto, by the party inju

1935R. 1076; City of Birmingham v. Flowers, 224 Ala. 279 , 140 So. 353 .

1935R. 1076; City of Birmingham v. Flowers, 224 Ala. 279 , 140 So. 353 .

1930The averments of the bill as originally filed and as amended are not technically accurate in respect to filing the verified claim, the averment being that it was filed “in the Probate Court,” while the statute requires that it be filed “in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is situated.” Code of 1923, § 8836; Wilbourne et al. v. Mann et al., 203 Ala. 26 , 81 So. 816 .

1930The averments of the bill as originally filed and as amended are not technically accurate in respect to filing the verified claim, the averment being that it was filed “in the Probate Court,” while the statute requires that it be filed “in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is situated.” Code of 1923, § 8836; Wilbourne et al. v. Mann et al., 203 Ala. 26 , 81 So. 816 .

1917Defendant cites Central Lumber & Timber Co. v. McClure Lumber Co., 180 Ala. 606 , 61 South. 821 , and’ Henry v. McNamara, 114 Ala. 107 , 22 South. 428 .

1917Defendant cites Central Lumber & Timber Co. v. McClure Lumber Co., 180 Ala. 606 , 61 South. 821 , and’ Henry v. McNamara, 114 Ala. 107 , 22 South. 428 .

1917Defendant cites Central Lumber & Timber Co. v. McClure Lumber Co., 180 Ala. 606 , 61 South. 821 , and’ Henry v. McNamara, 114 Ala. 107 , 22 South. 428 .

1894Then, the plaintiff in the process becomes the actor, and on him rests the burden of proving the affirmative fact asserted by the levy of the process, that the property is the property of the defendant in the process, and subject to its satisfaction. — Code, § 3005; Rhodes v. Smith, 66 Ala. 174 .