18 S.E.2d 627 | Ga. | 1942
Under the general rule that equity will not act simply to enjoin a criminal prosecution, the judge did not err in refusing to grant an interlocutory injunction seeking to restrain the city from enforcing an ordinance limiting the hours for keeping open filling-stations, which provided for persecution and upon conviction for fine or imprisonment; it not appearing that the plaintiff, a filling-station owner and operator, stood in any imminent danger of its property, but at most that it would be subjected to prosecution for violation of its provisions. No reason appears why, if the city seeks to thus enforce the ordinance, its validity can not then be effectively determined.
Judgment affirmed. All the Justices concur, except Atkinson,P. J., who dissents.