Speed Oil of Atlanta Inc. v. City of Rome
18 S.E.2d 628 | Ga. | 1942
Injunction not, as a general rule, issued in restraint of penal process to enforce municipal ordinance restricting hours of operating gasoline-service stations.
This case falls within the general rule that an injunction will not issue to restrain criminal prosecutions. Accordingly, whether the ordinance be valid or invalid, the court did not err in sustaining the general demurrer and dismissing the action. SeeCity of Abbeville v. Renfroe,
Judgment affirmed. All the Justices concur, except Atkinson,P. J., who dissents.