183 Ga. 832 | Ga. | 1937
The plaintiffs sought to enjoin the State Revenue Commission and its members from prosecuting them for violations of section 15B of the act of March 23, 1935, known as the malt-beverage act (Ga. L. 1935, p. 73), which prohibits
1. The general rule is that courts of equity have no jurisdiction to prevent by injunction the institution of bona fide criminal prosecutions. Paulk v. Sycamore, 104 Ga. 24 (30 S. E. 417, 41 L. R. A. 772, 69 Am. St. R. 128); Starnes v. Atlanta, 139 Ga. 531 (77 S. E. 381); City Council of Augusta v. Congdon, 171 Ga. 572 (156 S. E. 212); Douglas v. South Georgia Grocery Co., 178 Ga. 657 (174 S. E. 127). “A court of 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. This general rule is based upon the principle that equity is intended to supplement, and not usurp, the functions of courts of law, and that to sustain a bill in equity to restrain or relieve against proceedings for the punishment of offenses would constitute an invasion of the courts of law; and on the fact that the party has an adequate remedy at law (Code, § 37-120) by establishing as a defense to the prosecution that he did not commit the act charged, or that the statute on which the prosecution is based is invalid, and, in case of conviction, by taking an appeal. Fitts v. McGhee, 172 U. S. 516
2. The facts alleged in the petition in this ease do not bring the same within any exception to the general rule. See Town of Dexter v. Western Union Telegraph Co., 150 Ga. 294 (103 S. E. 430); Hasbrouck v. Bondurant, 127 Ga. 220 (56 S. E. 241); Wofford Oil Co. v. Boston, 170 Ga. 624 (154 S. E. 145); Cutsinger v. Atlanta, 142 Ga. 555 (83 S. E. 263, L. R. A. 1915B, 1097, Ann. Cas. 1916C, 280); Brown v. Thomasville, 156 Ga. 260 (118 S. E. 854); Upchurch v. LaGrange, 159 Ga. 113 (125 S. E. 47). Under the facts alleged, this case is controlled by the decision in Chivilis v. West, 182 Ga. 379 (185 S. E. 385), holding, under a-similar state of facts, that equity will not enjoin a prosecution for violation of section 15B of the malt-beverage act of 1935. The court did not err in denying an injunction.
Judgment affirmed.