20 S.E.2d 600 | Ga. | 1942
Under the general rule that equity will not act simply to restrain criminal prosecution, the court did not err in refusing an interlocutory injunction on the hearing of a petition seeking to enjoin municipality from arresting or making cases against petitioners for operating cafes and selling wines without licenses therefor, in violation of city ordinances, whether the ordinances were valid or invalid.
At interlocutory hearing the plaintiffs introduced in evidence their verified petition as amended, and affidavits. Other than *896
statements made in the petition, their affidavits averred that they could not make more than $40 gross per month from the sale of wines. The defendants introduced in evidence their verified answer and affidavits of the mayor, clerk, and chief of police. The affidavits set out that there had been only one arrest of each of the plaintiffs by the chief of police, requesting them to appear in mayor's court, but that neither of the cases had been disposed of, because in one instance the mayor was out of the city, and in another the counsel for the accused had been absent. The court dissolved the restraining order, and denied an injunction. The plaintiffs excepted.
This case falls within the general rule that an injunction will not issue to restrain criminal prosecution. Accordingly, whether the ordinances be valid or invalid, the court did not err, on the interlocutory hearing, in dissolving the restraining order theretofore granted ex parte, and in denying an injunction. Code, § 55-102; City of Abbeville
v. Renfroe,
Judgment affirmed. All the Justices concur, except Atkinson,P. J., who dissents.
*1