Legal Opinion

Birmingham Electric Co. v. Bailey

Supreme Court of Alabama

Decided October 28, 1943No. 6 Div. 197PublishedCited by 2 opinions

1Opinion of the Court

THOMAS, Justice.

The several grounds on which the petition for certiorari are rested are well considered by the Court of Appeals. Birmingham Electric Co. v. Bailey, Ala.App., 15 So.2d 465.

The rules of good pleading in one or several counts of a complaint have been given in many decisions by this court. It is not necessary to repeat them here. Leach Harrison & Forwood v. Bush et al., 57 Ala. 145, 154; Birmingham Ry. L. & P. Co. v. Nicholas, 181 Ala. 491, 499, 61 So. 361; Peck v. Henderson, 218 Ala. 233, 234, 118 So. 262.

The amended count 2 is “grounded upon the alleged use of unnecessary force”…

2Cases cited8 opinions

  1. McMillan v. AikenSupreme Court of Alabama · 1920
  2. Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
  3. B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
  4. Peck v. HendersonSupreme Court of Alabama · 1928
  5. Alabama Power Co. v. DunlapSupreme Court of Alabama · 1941

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3Cited by2 opinions

  1. Patterson v. SeibenhenerSupreme Court of Alabama · 1962
  2. King, Inc. v. ThomasAlabama Court of Appeals · 1953

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