City of Bessemer v. Birmingham Electric Co.

STAKELY, Justice.

Upon consideration we have concluded that the Constitution of 1901 became effective on November 28, 1901. As we shall undertake to show, this determination is decisive of the questions presented. The case is on appeal here from a decree of the equity court sustaining the demurrer to the bill of complaint as amended.

This is the second appeal of the case to this court. For an understanding of the case as presented on this appeal reference is made to the decision of this court on the first appeal as reported in City of Bessemer v. Birmingham Electric Co., 248 Ala. 345, 27 So.2d…