50 S.E.2d 337 | Ga. | 1948
1. The use of a city's streets for the transportation of passengers for hire in a taxicab is not an inherent right, but a mere privilege which the municipality, in the exercise of its discretion, may grant or refuse. Schlesinger v. Atlanta,
2. "Equity will take no part in the administration of the criminal law. It will neither aid criminal courts in the exercise of their jurisdiction, nor will it restrain or obstruct them." Code, § 55-102. The same rule applies in quasi-criminal proceedings. Starnes v. Atlanta,
3. A threat to arrest the plaintiffs and their employees for future violations of the alleged unconstitutional ordinance, being a mere apprehension of injury to person or property rights, will not authorize the grant of an injunction. Candler v. Atlanta,
4. "Where a court of equity has not jurisdiction, it will not assume jurisdiction for the purpose of inquiring into the constitutionality of a *516 legislative act or the validity of a municipal ordinance." City of Atlanta v. Universal Film Exchanges, supra.
5. Since the petition stated no cause of action and should have been dismissed on demurrer, all further proceedings in the case were nugatory.
Judgment reversed. All the Justices concur.
The exception here is to a judgment overruling a general demurrer, attacking the petition as amended upon the ground that it stated no cause of action for any of the relief prayed, and overruling certain grounds of special demurrer, and to a judgment holding the ordinance in question unconstitutional and granting a temporary injunction.