Legal Opinion

Mixon v. Traylor

Supreme Court of Alabama

Decided October 31, 1957No. 4 Div. 912PublishedCited by 2 opinions

1Opinion of the Court

LIVINGSTON, Chief Justice.

Harvey Earl Traylor brought suit in the Circuit Court of Plouston County, Alabama, against Bennie Joe Mixon and Lonnie Nowell. The action is for an assault and battery. As last amended, the complaint consisted of two counts. Count 1 is in Code form, Sec. 223, Title 7, Form 18 of the Code of 1940, and under it, there could be a recovery of punitive damages, though not specially claimed. Mitchell v. Gambill, 140 Ala. 316, 37 So. 290; Wilkinson v. Searcy, 76 Ala. 176; Standard Oil Co. v. Davis, 208 Ala. 565, 94 So. 754, and Powell v. West, 208 Ala. 388, 94 So. 475.

Count…

2Cases cited6 opinions

  1. Wilkinson v. SearcySupreme Court of Alabama · 1884
  2. Yarbrough v. MallorySupreme Court of Alabama · 1932
  3. Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
  4. Mitchell v. GambillSupreme Court of Alabama · 1903
  5. Alabama Gas Co. v. JonesSupreme Court of Alabama · 1943

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Gulf Oil Corp. v. Spriggs Enterprises, Inc.Supreme Court of Alabama · 1980
  2. Bergman v. United StatesDistrict Court, W.D. Michigan · 1984

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