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CITY OF GAINESVILLE v. MOSS

40293.

108 Ga. App. 713 (1963)

134 S.E.2d 547

CITY OF GAINESVILLE v. MOSS.

Court of Appeals of Georgia.

Rehearing Denied December 3, 1963.

Attorney(s) appearing for the Case

Kenyon, Kenyon & Gunter, William B. Gunter, for plaintiff in error.

Stewart, Sartain & Carey, Jack M. Carey, Brannon, Brannon & Schuder, E. C. Brannon, Jr., contra.

Oliver & Maner, L. Clifford Adams, amicus curiae.

EBERHARDT, Judge.

1. Code Ann. § 69-308 provides, inter alia, that no suit shall be brought against a municipality "without first, and within six months of the happening of the event upon which such claim is predicated" (emphasis added) presenting a written notice to the city containing certain specified information. Plaintiff alleges a continuing nuisance and seeks to recover damages for matters some of which occurred more than six months prior...

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