“[P]laintiff is not required to plead the giving of the notice as part of her cause of action. ... If the defendant proposes to put the matter of notice in issue, it should ... do so by appropriate pleading.”
How later courts described this case
- “[P]laintiff is not required to plead the giving of the notice as part of her cause of action. ... If the defendant proposes to put the matter of notice in issue, it should ... do so by appropriate pleading.”
Written by the judges who cited it.
The opinion
The foregoing opinion of SUTTON, C., is adopted as the opinion of the court. The judgment of the circuit court is accordingly affirmed. Hostetter, P.J., and Becker and McCullen, JJ.,
concur.