Steinberg v. Mayor of Savannah
Supreme Court of Georgia
Petition for injunction. Before Judge Meldrim. Chatham superior court. July 16, 1918. The ordinance referred to in the headnotes required that all pool-rooms and billiard-parlors located within a specified and restricted area of the business district of the City of Savannah remain closed from one o’clock a. m. until broad daylight; and that all such rooms in other parts of the corporate limits of the city be open and operated only between five o’clock p. m. and midnight, and…
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Petition for injunction. Before Judge Meldrim. Chatham superior court. July 16, 1918. The ordinance referred to in the headnotes required that all pool-rooms and billiard-parlors located within a specified and restricted area of the business district of the City of Savannah remain closed from one o’clock a. m. until broad daylight; and that all such rooms in other parts of the corporate limits of the city be open and operated only between five o’clock p. m. and midnight, and remain closed from midnight until five o’clock p. m. The pool-rooms operated by the plaintiffs fell within the latter…
1Opinion of the CourtHill, J.
As a general rule, a court of equity has no jurisdiction to enjoin a threatened criminal prosecution. Prosecutions for violations of municipal ordinances which are punishable by fine or imprisonment are quasi criminal in their nature, and come within the general rule. Oases in which equity will enjoin the enforcement of such ordinances come within the exception to the general rule. The present case arose upon a petition to enjoin the enforcement of a penal municipal ordinance, and falls within the general rule. Georgia Ry. &c. Co. v. Oakland City, 129 Ga. 576 (59 S. E. 296); White v. Tifton,…
2Cases cited5 opinions
- Mayor of Shellman v. SaxonSupreme Court of Georgia · 1910
- Georgia Railway & Electric Co. v. Oakland CitySupreme Court of Georgia · 1907
- Starnes v. City of AtlantaSupreme Court of Georgia · 1913
- White v. City of TiftonSupreme Court of Georgia · 1907
- Rowland v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1909
3Cited by5 opinions
- Brown v. City of ThomasvilleSupreme Court of Georgia · 1923
- Corley v. City of AtlantaSupreme Court of Georgia · 1935
- Volunteers of America v. City of AtlantaSupreme Court of Georgia · 1922
- Hughes v. State Board of Medical ExaminersSupreme Court of Georgia · 1924
- Burton v. City of ToccoaSupreme Court of Georgia · 1924