Ex Parte Alabama Power Co.

I cannot concur in either the reasoning or the conclusion and order of the majority of the Court in this cause. I think that the rule nisi should be issued in each case.

It is obvious that the majority opinion is based upon the premise, and the opinion so states, that a finding by this Court of an abuse of discretion on the part of the trial court judge is a sine qua non to the issuance of the rule in cases where the rulings sought to be reviewed arise under the pre-trial deposition statute (Title 7, § 474(1) et seq., Code of Alabama Recompiled). Their opinion states: “In such cases” (where…