15 S.E.2d 782 | Ga. | 1941
General rule applied, that injunction will not issue to restrain repeated prosecutions under municipal ordinance limiting hours for opening place of business of selling wine, whether or not ordinance be valid.
1. The case falls within the general rule that injunction will not issue to restrain criminal prosecutions. Accordingly, whether the ordinance be valid or invalid, the court erred in overruling the general demurrer and in granting an interlocutory injunction. Code, § 55-102; Phillips v. Stone Mountain,
2. The present case differs materially on its facts from Cityof Atlanta v. Gate City Gas-Light Co.,
Judgment reversed. All the Justices concur, except Atkinson,P. J., who dissents.