Mitchell v. Green

Atkinson, Justice.

(After stating the foregoing facts.) As to the nuisance feature of this case, the law is clear that to abate a nuisance, public or private, alleged to exist within an incorporated municipality, such proceeding must be filed with and determined by the municipal authorities, unless there are special circumstances requiring the intervention of equity. Code, § 12-401; Waller v. Lanier, 198 Ga. 64 (30 S. E. 2d, 925). The allegations of the petition are not sufficient to give á court of equity jurisdiction on the grounds of a continuing nuisance, as discussed and applied in…