178 Ga. 51 | Ga. | 1933
(After stating the foregoing facts.) The court did not err in sustaining the general demurrer to the petition. The plaintiff has a remedy at law. A warrant has already been taken out against him; and the grounds for equitable interference urged, so far as they are valid and of force for the granting of injunction, may be urged as grounds of defense in the criminal ease. In City of Bainbridge v. Reynolds, 111 Ga. 758 (36 S. E. 935), it was said: “A court of equity will not by injunction prevent the institution of a prosecution for the violation of a penal municipal ordinance; nor will it, upon petition for an injunction of this nature, inquire into the validity of such an ordinance, upon constitutional or other grounds.” In Jones v. Carlton, 146 Ga. 1 (90 S. E. 278), this court considered a .case of parties who had been arrested for violation of a municipal ordinance and who were threatened with other arrests for doing business without obtaining a license, and said: “This case falls within the principle applied in City of Bainbridge
Judgment affirmed.