Mather Bros. v. City of Dawson

Supreme Court of Georgia
Mather Bros. v. City of Dawson, 188 Ga. 450 (Ga. 1939)
4 S.E.2d 165
Atkinson, Jenkins

Mather Bros. v. City of Dawson

Opinion of the Court

Jenkins, Justice.

This case falls within the general rule that injunction will not issue to restrain a criminal prosecution. Code, § 5.5-102;. Gault v. Wallis, 53 Ga. 675 (4); Smith v. Carlton, 182 Ga. 494 (185 S. E. 777); Jewel Tea Co. v. Augusta, 183 Ga. 817 (190 S. E. 1); Salter v. Columbus, 125 Ga. 96 (54 S. E. 74).

Judgment affirmed.

All the Justices concur.

Concurring Opinion

Atkinson, Presiding Justice,

concurring specially. Construing the petition most strongly against the pleader, it complains of an isolated case of arrest' and criminal prosecution for violation of a municipal ordinance. On his trial the defendant could set up any defense as to validity of the ordinance, and consequently had an adequate remedy at law without resort to a court of equity. The case differs on its facts and is not controlled by the ruling in Chaires v. Atlanta, 164 Ga. 755 (4) (139 S. E. 559).

B. L. Maynard, for plaintiff. B. B. Jones, for defendant.

Reference

Full Case Name
Mather Brothers Incorporated v. City of Dawson
Cited By
5 cases
Status
Published