Legal Opinion
City of Bainbridge v. Olan Mills, Inc.
Supreme Court of Georgia
Decided February 13, 1951No. 17330PublishedCited by 6 opinions
1Opinion of the Court
Hawkins, Justice.
1. The general rule is that courts exercising equity jurisdiction will not enjoin criminal prosecutions. Code, § 55-102; Corley v. City of Atlanta, 181 Ga. 381 (182 S. E. 177), and the numerous cases there cited.
2. Equity is not a special or favored forum for determining the validity of municipal ordinances. Only under exceptional facts and circumstances may its powers be used to restrain criminal prosecutions, even though their defense may be burdensome and attended by inconvenience. The fact that the prosecution may be based on an invalid ordinance, and that repeated…
2Cases cited10 opinions
- Great Atlantic & Pacific Tea Co. v. City of ColumbusSupreme Court of Georgia · 1939
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
- City of Albany v. LippittSupreme Court of Georgia · 1941
- Moultrie Milk Shed Inc. v. City of CairoSupreme Court of Georgia · 1950
- City of Douglas v. South Georgia Grocery Co.Supreme Court of Georgia · 1934
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3Cited by6 opinions
- Jenkins v. ManrySupreme Court of Georgia · 1961
- Baker v. City of AtlantaSupreme Court of Georgia · 1954
- Pendleton v. City of AtlantaSupreme Court of Georgia · 1976
- Jacobs v. Chatham CountyCourt of Appeals of Georgia · 2008
- Shirley v. City of CommerceSupreme Court of Georgia · 1965
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