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Perry v. City of Birmingham1/7/2005
is, we think, immaterial, so long as it is actually received." Sweeney, 225 N.Y. at 275, 122 N.E. at 244. Concluding that the plaintiff's notice of claim had been filed and received within the requirements of the statute, the New York Court of Appeals reversed the judgment of the lower court.
Unlike the text of the foreign statutes in Laffey and Loeloff, the text of the Alabama statutes in the case now before us does not include provisions for mailing that allow a construction recognizing a mailing as a filing. Unlike the timely receipt in Sweeney, the receipt in the case now before us was not timely.
Perry has not presented this Court with any authority or any compelling legal reason to hold that a mailing of a claim against an Alabama municipality, without receipt of the claim, is a presentment or a filing within the meaning of § 11-47-23 and § 11-47-192. As the Olsen court observed, § 11-47-23 and § 11-47-192 do not prohibit the mailing of the claim by the plaintiff, but they do require the receipt of the claim by the city clerk within the specified six months as a condition precedent to further prosecution of the claim in court. Therefore, the summary judgment in favor of the City of Birmingham is due to be affirmed.
AFFIRMED.
Nabers, C.J., and Houston, Lyons, and Woodall, JJ., concur.
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