152 Ga. 461 | Ga. | 1922
The general rule is that a court having equitable jurisdiction will not restrain by injunction a threatened prosecution for the violation of a municipal penal ordinance; nor will it, on a petition for such injunction, enquire into the validity of the ordinance upon constitutional or other grounds. Jones v. Carlton, 146 Ga. 1 (90 S. E. 278); Steinberg v. Mayor of Aldermen of Savannah, 149 Ga. 69 (99 S. E. 36).
This case, in view of the allegations of the petition, falls within such general rule, rather than under the exception thereto that in some eases involving special facts equity will enjoin a prosecution or threatened prosecution for the violation of a penal ordinance, where the prosecution is solely for the purpose of unlawfully taking or destroying property, or preventing the exercise of a franchise granted by the State. -Judgment affirmed.