Phenix City v. Alabama Power Co.

LAWSON, Justice.

The appeal is from a decree rendered by the circuit court of Russell County, in equity, in a declaratory judgment proceeding.

No question is presented here as to ■■the remedy, all parties desiring under the present procedure to have the merits of the •case determined. — Alabama Gas Co. v. City of Montgomery, 249 Ala. 257, 30 So.2d 651; § 167, Title 7, Code 1940, as amended.

During the period continuously from January 1, 1936, to August 1, 1947, the Alabama Power Company was engaged in the City of Phenix City in the business of distributing and selling electricity and was also…