Birmingham Electric Co. v. Alabama Public Service Commission

On Second Rehearing,

We take it that the appeal to the circuit court was under section 79, Title 48, Code. A supersedeas bond was executed by authority’ of section 81, Title 48, Code. The circuit court, in equity, heard and determined the cause on July 17, 1948, as authorized by section 82, Title 48, Code, and affirmed the order of the commission. Appeal was taken to this Court by the Birmingham Electric Company under authority of section 90, Title 48, Code. On the appeal to the circuit court, in equity, the cause was heard on the certified record before the commission. On appeal to this Court…