116 Ga. 401 | Ga. | 1902
This was an application under what is known as the “ blind tiger law ” of 1899 (Acts 1899, p. 73, Yan Epps’ Code Supp. § 6654 etseq.), to enjoin the defendant from maintaining a blind tiger upon premises owned by him. The plaintiffs alleged that they were citizens of the county in which the suit was brought, and resided in the City of Marietta and were mayor and council of that city,
This was a suit by the plaintiffs as citizens of the County of Cobb, and not a suit by them in their capacity as mayor and councilmen of the City of Marietta. Even as originally filed the words "mayor and eouncilmen of the City of Marietta” did not make the suit one by the corporation, and it was not improper to allow an amendment striking these words, because they w'ere simply descriptio personarum.
Under the uncontradicted evidence a blind tiger, within the meaning of the act of 1899, was being operated upon the.premises of the defendant. The evidence disclosed that an employee of the defendant was habitually engaged in the sale of liquor upon the premises, such sales being conducted in a portion of a building to which the general public was not admitted. Without regard to the difference of opinion that existed among the members of this court at the time the case of Cannon v. Merry, 116 Ga. 288, was decided, as to what was a “blind tiger” within the meaning of the act under consideration, we all agree that the evidence in this case demanded a finding that a blind tiger was being operated upon the premises of the defendent. While the evidence does not show that
It is said, though, that a court of equity will not take jurisdiction of an application to abate a nuisance in any case where there is a complete and adequate remedy at law for this purpose; and we are referred to the cases of Harrell v. Hannum, 56 Ga. 508, Powell v. Foster, 59 Ga. 790, and Broomhead v. Grant, 83 Ga. 451, as authority for this proposition. It is suggested that both the Civil Code and the charter of Marietta provide ample remedies for abating nuisances, and that a prosecution for a violation of the criminal law would be effectual to prevent, the further illegal sale of liquors on the defendant’s premises. It is then argued that there is nothing in what is known as the “ blind tiger law ” which abrogates the rule that the extraordinary remedies of a court of equity will not be called into operation when there is a remedy at law both adequate and complete. Even if it be conceded that equity would not enjoin the operation of any other nuisance than a blind tiger, unless some special equitable reason for so doing was shown, the act of 1899 was, in our opinion, designed to make the remedy by injunction available to prevent the operation of what is commonly known as blind tigers, without regard to whether other remedies provided by the law for the abatement of such a nuisance might be adequate and complete or not. The title of the act just referred to is in the following words: “ An act to declare as a nuisance any place where spirituous, malt, or intoxicating liquors are sold in violation of law, to provide for abating or enjoining such nuisance, and for other purposes.” The first section of the act is as follows: “ Be it enacted by the General Assembly of Georgia, that from and after the passage of this act, any place commonly
The title of the act indicates that the legislative purpose was not-limited to a declaration that a blind tiger should be treated as a nuisance, but indicates a legislative intent to provide a method for-abating such a nuisance. The legislature not only intended that-places of the character referred to in the act should be nuisances, but also to provide that a court of equity might take jurisdiction of an application to abate the same under the operation of the writ-of injunction. The purpose of the act was to give to any citizen of the county the right to appeal to a court of equity to abate such.
Upon the uncontradicted evidence introduced in behalf of the plaintiffs it appeared that a blind tiger was being operated on the premises of the defendant with his knowledge and consent, and the court should have granted an injunction until there could be a final hearing on the petition.
Judgment reversed.