130 P. 61 | Utah | 1913
This is an action in equity for injunctive relief. The matters upon which the aid of a court of equity is-invoked
The allegations upon which plaintiffs rely for injunctive
“That to defend the said prosecutions severally, as the plaintiffs will be compelled' to do, unless the said prosecutions are restrained by order of this court, does and will give rise to multiplicity of actions; that the plaintiffs herein, if compelled to defend said actions separately, will be compelled to expend large sums of money ; that the said prosecutions are oppressive and unreasonable, and unless the said city is restrained' from prosecuting the said actions by order of this court, the means of these plaintiffs will be totally consumed in defending themselves against said charges, and the plaintiffs herein will no longer be able to properly defend themselves in such actions, to the great and irreparable damage of the plaintiffs.”
Nor a second cause of action it is alleged that, pursuant to the provisions of said ordinance, the plaintiffs have been charged with and prosecuted, and will continue to be prosecuted, for maintaining nuisances; and for a third cause of action it is alleged that, by virtue of a search and seizure provision contained in said ordinance, the officers of said Tooele City have seized and carried away certain intoxicating liquors, the property of said plaintiffs. It is also alleged, upon information and belief, that prosecutions based on said ordinance will be instituted against other residents of Tooele City. It is further alleged that said ordinance is void; the reasons therefor being stated.
The defendant demurred to the complaint for want of facts. The district court of Tooele County sustained the demurrer as to the first two causes of action set forth in the complaint and overruled it as to the third. Pursuant to the stipulations of counsel electing to stand upon their pleadings, respectively, the court then issued a perpetual injunction against the city on the third cause of action, and denied an injunction and dismissed the complaint as to the first and second causes of action. Plaintiffs appeal from that part of the judgment denying the injunction, and the defendants appeal from that part granting the same.
No lawful business or enterprise is being assailed here, although plaintiffs are prosecuted under an alleged invalid ordinance. Nor is it alleged that any property which plaintiffs may lawfully possess or deal with will be interfered with. The ordinance in question covers precisely the same ground that is covered by the state law which was in full force and effect in Tooele City when the acts with which the plaintiffs are charged in the complaints filed against them are alleged to have been committed. Indeed, one of the grounds upon which the validity of the ordinance is assailed is that it covers precisely the same ground covered by the state law, with penalties practically the same as those imposed by that law. Neither of the plaintiffs, therefore, could have been lawfully engaged in the traffic of intoxicating liquors when the complaints were filed against them; nor can either of them, nor anyone else, be so engaged now in Tooele City. No lawful business or enterprise is therefore either molested or threatened by the prosecutions in question, or by any similar ones. How can it be successfully contended, therefore that irreparable damage to or loss of property which is being devoted to legal purposes is possible? All that plaintiffs, or either of them, could gain if the ordinance in question were held void would be that the penalty and costs that were imposed upon the conviction in the lower court could not be enforced against them. This •is the usual result of every criminal prosecution which fails on appeal, regardless of the grounds for which it fails. Again, plaintiffs are not threatened with prosecutions, nor
The following are a few of the many cases that could be cited in which it is held that courts of equity have no authority to enjoin courts of law from prosecuting alleged violations of ordinances in the regular and ordinary manner, although such ordinances were claimed to be, and in some cases conceded to be, void in certain respects: Chicago, B. & Q. Ry. v. City of Ottawa, 148 Ill. 397, 36 N. E. 85; Shellman v. Saxon, 134 Ga. 29, 67 S. E. 438, 27 L. R. A. (N. S.) 452; Poyer v. Village of Des Plains, 123 Ill. 111, 13 N. E. 819, 5 Am. St. Rep. 494; Yates v. Village of Batavia, 79 Ill. 500. We think no case can be found, at least we have found none, where a court of equity has interfered with a case in which the facts and circumstances were as in the case at bar.
The appeal should therefore be dismissed. Such is the order