Bowden v. Georgia Public Service Commisson

1. Where a suit is filed in a court of equity, seeking to enjoin the enforcement of a statute of the State on the ground that such statute is not applicable to the business of petitioners, because, first, petitioners do not fall 'within the provisions of the statute, and, second, because the statute is unconstitutional, and where it appears that there has been no interference with the person or property rights of the petitioners, injunction is properly denied. Cathcart Van & Storage Co. v. Atlanta, 169 Ga. 791 (151 S. E. 489). A declaratory action can not be maintained in this State. So. Ry.…