§ 37-1-157 — Costs

Alabama § 37-1-157

• 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

If, upon the appeal of any action originating under this title, it shall be determined by the court that the order of the commission was invalid or unreasonable or unjust and should not be performed, the costs of said action may, in the discretion of the court be taxed against the state or the utility or utilities involved in the action. If on the hearing the court should find in favor of the Public Service Commission, then the costs of the action shall be paid by the utilities by or against which the proceedings were instituted. If costs are ordered taxed against or paid by the state, the same shall be paid upon the approval of the trial judge, by a warrant drawn by the comptroller upon the treasurer. The costs of the transcript certified by the Public Service Commission to the circuit court shall be taxed as a part of the costs of the action at the same rate as transcripts from the circuit court to the supreme court are taxed.

Legislative History

(Code 1907, §5714; Code 1923, §9678; Code 1940, T. 48, §101.)