124 Iowa 195 | Iowa | 1904
The question presented involves the construction of two sections of a chapter in the Code relating to cities under special charters, which reads as follows:
Section 1050. No suit shall be brought against any such city for an unliquidated claim or demand unless within three-months from the time the same became due or cause of action accrued thereon, nor unless a written, verified statement of the general nature, cause and amount of same is filed with the clerk or recorder thirty days before the commencement of such suit.
Section 1051. In all cases of personal injury or damage to property resulting from defective streets or sidewalks, or from any cause originating in the neglect or failure of any municipal corporation or its officers to perform their duties, no suit shall be brought against any such city after three months from the time of the injury or damage, and not then unless a written verified statement of the amount, nature and cause of such injury or damage, and the time when and the place where such injury occurred, and the particular defect or negligence of the city or its officers which it is claimed caused or contributed to the injury or damage, shall be presented to the council or filed with the clerk within thirty* days after said alleged injury or damage was sustained.
The rules of interpretation invoked on each side are so fully recognized and established as canons of statutory
The ruling of the trial court was correct, and is AEÍTRMED.