Supreme Court of Georgia, 1940

Anthony v. City of Atlanta

Supreme Court of Georgia · Decided September 26, 1940 · G-Ricb, Atkinson

11 S.E.2d 197; 190 Ga. 841; 1940 Ga. LEXIS 600 (South Eastern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Stephens v. City Council of Augusta (Ga. 1942)
Flint v. City Council of Augusta (Ga. 1941)
City of Albany v. Lippitt (Ga. 1941)
City of Abbeville v. Renfroe (Ga. 1941)

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

G-ricb, Justice.

An equitable petition was brought by B. Anthony, the owner and operator of a beauty-shop known as Anthony Permanent Waving Salon, against the City of Atlanta et al., seeking to enjoin enforcement of the penal provisions of an ordinance fixing hours of work and minimum prices to be charged by operators of such beauty-shops for specified services, and to enjoin threatened criminal prosecutions for violations thereof. There appears to be nothing alleged which takes the case out of the general rule that courts of equity will not enjoin a criminal prosecution. The judg,ment sustaining, .the demurrer to the petition is affirmed. See Powell v. Hartsfield, 190 Ga. 839.

*842 Judgment affirmed.

All the Justices concur, except Atkinson, P. J., who dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.