181 Ga. 381 | Ga. | 1935
W. C. Corley brought a suit for injunction against the City of Atlanta and. Dewey L. Johnson, superintendent of electrical affairs, to restrain the defendants from enforcing an ordinance to regulate the supervision of electrical energy and the installation of electrical construction and appliances, as adopted by the city council. The petition alleged that certain provisions of the ordinance requiring examination and fixing other conditions were invalid, for constitutional reasons. The plaintiff is a graduate electrical engineer, and has had more than twenty years experience in the electrical business and work, having served as electrician for a number of years for leading firms operating in the City of Atlanta. The ordinance contained stated penal provisions, and the petition alleges that its enforcement against the plaintiff
The case as made by the petition falls within the general rule that injunctions will not issue to restrain criminal prosecutions. Code of 1933, § 55-102. In this view, which relates to jurisdiction, it would be a digression to discuss the constitutional questions. In support of this conclusion, see Phillips v. Stone Mountain, 61 Ga. 387; Mayor &c. of Moultrie v. Patterson, 109 Ga. 370 (34 S. E. 600); City of Bainbridge v. Reynolds, 111 Ga. 758 (36 S. E. 935); Salter v. Columbus, 125 Ga. 96 (54 S. E. 74); Mayor &c. of Shellman v. Saxon, 134 Ga. 29 (67 S. E. 438, 27 L. R. A. (N. S.) 452); Mayor &c. of Jonesboro v. Central of Georgia Ry. Co., 134 Ga. 190 (67 S. E. 716). The present case can not, in the nature of the facts, be distinguished from any of the cases just cited. The decision in each of such cases was concurred in by all the Justices, and there is no earlier decision which, if properly considered, may be taken as authority to the contrary. These decisions are therefore controlling; and they are none the less so even if some later decisions to the contrary may have been rendered, and even though such later decisions may have had the concurrence of all the Justices. Code of 1933, § 6-1611; Calhoun v. Cawley, 104 Ga. 335 (30 S. E. 773). Other unanimous decisions to the same effect are: Jones v. Carlton, 146 Ga. 1 (90 S. E. 278); Volunteers of America v. Atlanta, 152 Ga. 461 (110 S. E. 282); City of Marietta v. Brantley, 170 Ga. 258 (152 S. E. 232); Candler v. Atlanta, 178 Ga. 661 (174 S. E. 129); Hartwell v. Old South Lines, 179 Ga. 820 (177 S. E. 340). The same conclusion was
The present case clearly differs on its facts from City of Atlanta v. Gate City Gas-Light Co., 71 Ga. 107; Cutsinger v. Atlanta, 142 Ga. 555 (83 S. E. 263, L. R. A. 1915B, 1097, Ann. Cas. 1916C, 280); Peginis v. Atlanta, 132 Ga. 302 (63 S. E. 857, 35 L. R. A. (N. S.) 716); Baldwin v. Atlanta, 147 Ga. 28 (92 S. E. 630); Brown v. Thomasville, 156 Ga. 260 (118 S. E. 854); Carey v. Atlanta, 143 Ga. 192 (2) (84 S. E. 456, L. R. A. 1915D, 684, Ann. Cas. 1916E, 1151); Town of Lilburn v. Alford, 163 Ga. 282 (136 S. E. 65). It is unnecessary to repeat what has been said in prior decisions on the question presented. Thorough discussions may be found in Georgia Railway Co. v. Oakland City, Mayor &c. of Shellman v. Saxon, and Paulk v. Sycamore, Douglas v. South Georgia Grocery Co., and Brown v. Thomasville, all cited above. There is a distinction, of course, between cases involving mere arrest and criminal prosecution, with incidental delay and inconvenience, and cases where property or a property right is directly affected. City of Atlanta v. Gate City Gas-Light Co., 71 Ga. 107;
The plaintiff in the case at bar seems to apprehend a failure on the part of the .defendant superintendent to perform some official duty resting upon him. As to that, mandamus and not injunction would be the remedy. This was not a suit to enjoin enforcement of a municipal execution, and is distinguished from cases like City of Atlanta v. Jacobs, 125 Ga. 523 (54 S. E. 534), and Wilson v. Eatonton, 180 Ga. 598 (180 S. E. 227). The court did not err in refusing an interlocutory injunction and dismissing the petition.
It is true, there seems to be some confusion in the decisions on the main question here presented; but, as indicated above, the unanimous and controlling decisions compel an affirmance of the judgment in this case. An endeavor has been made to collect and group the cases for the convenience of any who may have occasion to consider the question.
Judgment affirmed.