Legal Opinion

Starnes v. City of Atlanta

Supreme Court of Georgia

Decided February 27, 1913PublishedCited by 20 opinions

Equitable petition. Before Judge Pendleton. Fulton superior court. December 4, 1911.

1Opinion of the CourtHill, J.

1. As a general rule, equity has no jurisdiction to enjoin prosecutions for criminal offenses; and prosecutions for violations of municipal ordinances, which are punishable by fine or imprisonment, are quasi-criminal in their nature, and come within the above rule. Cases where equity will enjoin the enforcement of such ordinances are exceptional in character. Georgia Ry. & El. Co. v. Oakland City, 129 Ga. 576 (59 S. E. 296); White v. Tifton, 129 Ga. 582 (59 S. E. 299); Rowland v. Commissioners, 133 Ga. 190 (65 S. E. 404); Mayor &c. of Jonesboro v. Central Ry. Co., 134 Ga. 190 (67 S. E. 716);…

2Cases cited5 opinions

  1. Mayor of Shellman v. SaxonSupreme Court of Georgia · 1910
  2. Georgia Railway & Electric Co. v. Oakland CitySupreme Court of Georgia · 1907
  3. Mayor of Jonesboro v. Central of Georgia Ry. Co.Supreme Court of Georgia · 1910
  4. White v. City of TiftonSupreme Court of Georgia · 1907
  5. Rowland v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1909

3Cited by20 opinions

  1. Cutsinger v. City of AtlantaSupreme Court of Georgia · 1914
  2. City of Nashville v. SnowSupreme Court of Georgia · 1948
  3. Baldwin v. City of AtlantaSupreme Court of Georgia · 1917
  4. Wofford Oil Co. v. City of BostonSupreme Court of Georgia · 1930
  5. City of Atlanta v. Universal Film Exchanges Inc.Supreme Court of Georgia · 1946

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