§ 37-1-150 — Bond as Condition Precedent to Issuance of Injunction or Restraining Order

Alabama § 37-1-150

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 1: Public Service Commission
• Art. 2: Powers and Duties Generally
• Div. 4: Injunction or Restraining Order

Text

No judge or court shall grant any preliminary injunction or interlocutory order or process suspending or restraining any rate or order of the Public Service Commission entered pursuant to the provisions of this title without requiring as a condition precedent to the issue of such injunction, order or process, that the company, corporation or person seeking the same shall, if the injunction or restraining order applied for is for the purpose of restraining the enforcement of any such rate or order, execute and file with the clerk or register of said court a good and sufficient bond with sureties, payable to the State of Alabama, in like amount and payable as provided in respect to supersedeas bonds. The failure to give the injunction bond or subsequent bonds as provided for in this division shall immediately vacate and render null and void such injunction or restraining order.

Legislative History

(Code 1907, §5700; Code 1923, §9692; Code 1940, T. 48, §94.)