LIVINGSTON, Chief Justice.
Harvey Earl Traylor brought suit in the Circuit Court of Houston 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...
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