Legal Opinion

Volunteers of America v. City of Atlanta

Supreme Court of Georgia

Decided January 10, 1922No. 2370PublishedCited by 12 opinions

Equitable petition. Before Judge Bell. Pulton superior court. •November 8,1920. In August, 1919, an ordinance was passed by tbe Mayor and City Council of Atlanta, declaring: “It shall be unlawful for any individual, person or persons, firms or corporations, benevolent society or charitable mission or institution, who derive their substance by solicitation of- public collections and from the general public of the City of Atlanta, to operate in the City of Atlanta without…

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Equitable petition. Before Judge Bell. Pulton superior court. •November 8,1920. In August, 1919, an ordinance was passed by tbe Mayor and City Council of Atlanta, declaring: “It shall be unlawful for any individual, person or persons, firms or corporations, benevolent society or charitable mission or institution, who derive their substance by solicitation of- public collections and from the general public of the City of Atlanta, to operate in the City of Atlanta without first obtaining a- permit or certificate of approval from the Mayor and General Council of the City of Atlanta.” A…

1Per curiam

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…

2Cases cited2 opinions

  1. Jones v. CarltonSupreme Court of Georgia · 1916
  2. Steinberg v. Mayor of SavannahSupreme Court of Georgia · 1919

3Cited by12 opinions

  1. City of Douglas v. South Georgia Grocery Co.Supreme Court of Georgia · 1934
  2. Corley v. City of AtlantaSupreme Court of Georgia · 1935
  3. Bowden v. Georgia Public Service CommissonSupreme Court of Georgia · 1930
  4. Spur Distributing Co. v. Mayor C. of AmericusSupreme Court of Georgia · 1940
  5. Walnut Transfer & Storage Co. v. HarrisonSupreme Court of Georgia · 1938

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