Phillips v. Mayor of Stone Mountain
Supreme Court of Georgia
Criminal law. Injunction. Before Judge ITillyer. DeKalb County. At Chambers. Phillips and other liquor dealers doing business in the town of Stone Mountain, filed their bill against the municipal authorities praying that they be restrained from trying, convicting and fining them for a violation of the provisions of an ordinance which the complainants alleged to be void.
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Criminal law. Injunction. Before Judge ITillyer. DeKalb County. At Chambers. Phillips and other liquor dealers doing business in the town of Stone Mountain, filed their bill against the municipal authorities praying that they be restrained from trying, convicting and fining them for a violation of the provisions of an ordinance which the complainants alleged to be void. This ordinance was passed after licenses were issued to complainants, and materially restricted their business. It required that the doors of all retail houses be closed during the continuance of divine service by any…
1Opinion of the Court
Bleckley, Justice.
Injunctions or orders in the nature of injunction, are not granted by courts of equity to restrain proceedings in crimi*388nal matters. Eden on Inj., 66 ; 2Yesey Sr., 396 ; Hilliard on Inj., 2, 269; Kerr on Inj., 2 ; 30 Ala., 135 ; 53 (9®., 675. For this reason, whatever may be the infirmities of the penal ordinances of Stone Mountain, an injunction in the present case was properly denied. If unlawful convictions take place before a municipal court, reversal can be had in the superior court, as a court of law, by certiorari. This is a plain and adequate remedy, and a court of…
2Cases cited1 opinion
- Burnett v. CraigSupreme Court of Alabama · 1857
3Cited by36 opinions
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Georgia Railroad & Banking Co. v. City of AtlantaSupreme Court of Georgia · 1903
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- Coker v. City of AtlantaSupreme Court of Georgia · 1938
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
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