Brown v. City of Thomasville

(After stating the .foregoing facts.)

The first question raised by the brief and argument of counsel is whether the plaintiff should have proceeded to protect her rights by petition for mandamus rather than by injunction. It is well settled that as a general rule a court of equity will not restrain by injunction a threatened prosecution for a violation of .a municipal penal ordinance, nor in a proceeding for such injunction will it inquire into the validity-of the ordinance. Jones v. Carlton, 146 Ga. 1 (90 S. E. 278), Steinberg v. Savannah, 149 Ga. 69 (99 S. E. 36). However, there is an…