139 Ga. 176 | Ga. | 1912
Georgia Athletic Club brought its equitable petition against the City of Atlanta, the recorder, and the chief of police, seeking to enjoin the city and the said officers from further prosecuting a case made against one of petitioner’s officers in the municipal court, and from making other cases against petitioner, its officers, agents, and employees, for the violation of the ordinance of the city relative to locker-clubs, which required them to obtain a permit from • the city before commencing to operate a club as a locker-club. Petitioner alleged that it
1. That, irrespective of the questions raised as to the validity of the ordinance for the violation of which the prosecutions have been instituted and are threatened, and as to whether the court should enjoin prosecutions under an ordinance in the nature of a criminal law, the court did not abuse its discretion in refusing the injunction.
2. The evidence rejected by the court was not of such materiality as to affect the real issue in the case.
Judgment affirmed.