Rose Theatre Inc. v. Lilly
Cases that cite this one
13 later published cases cite this decision.
- City of Moultrie v. Colquitt County Rural Electric Co. (Ga. 1955)
- Evans Theatre Corporation v. Slaton (Ga. 1971)
- New Silver Bell Mining Co v. County of Lewis & Clark (Mont. 1955)
- Persons v. Lea (Ga. 1950)
- Estes v. Jones (Ga. 1947)
- Estes v. Jones (Ga. 1947)
- Forehand v. Moody (Ga. 1945)
- Waller v. Lanier (Ga. 1944)
- State Ex Rel. Boykin v. Ball Investment Co. (Ga. 1940)
- Harris v. State (Ga. 1940)
- Atkinson v. Lam Amusement Co. (Ga. 1938)
- Rosser v. Lam Amusement Co. (Ga. 1938)
- Brinkman v. City of Gainesville (Ga. Ct. App. 1951)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. The court did not err in overruling the demurrer to the petition brought by the solicitor-general, based on an information filed by citizens of the City of Thomasville, the petition alleging that the proposed exhibition of moving-picture shows on the Sabbath constituted a public nuisance and an open violation of the Code, § 26-6905, which declares: “Any person who shall pursue his business or the work of his ordinary calling on the Lord’s day, works of necessity or charity only excepted, shall be guilty of a misdemeanor.”
2. An allegation that a stated Code section “is repugnant to and is in conflict with paragraph 6368 [art. 1, sec. 1, par. 12] of the constitution of 1877 as amended,” presents no question for judicial determination, since it fails to point out wherein the Code Section is repugnant to and in conflict with the constitutional provision. Pace v. Goodson, 127 Ga. 211 (56 S. E. 363); Carswell v. Wright, 133 Ga. 714 (4) (66 S. E. 905); Curtis v. Helen, 171 Ga. 257 (155 S. E. 202).
3. Under the evidence the court did not err in granting the injunction.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.