Fears v. State
Supreme Court of Georgia
Injunction. Before Judge Hart. Morgan county. June 1, • 1897. On May 18, 1897, H. G. Lewis, solicitor-general, brought his information and petition in behalf of the State against the sheriff and deputy-sheriff of Morgan county, and Chambers and Cochran, for injunction. The court granted an injunction, and defendants excepted.
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Injunction. Before Judge Hart. Morgan county. June 1, • 1897. On May 18, 1897, H. G. Lewis, solicitor-general, brought his information and petition in behalf of the State against the sheriff and deputy-sheriff of Morgan county, and Chambers and Cochran, for injunction. The court granted an injunction, and defendants excepted. The petition alleged: On August 6, 1896, an election was held in said county under the general local option laws of the State, and resulted in a majority “against the sale" of all intoxicating liquors in the county, which result was declared by an order passed by the…
1Opinion of the CourtLittle, J.
In the case at bar, the judge, in granting the injunction, placed his ruling on the ground’ that a sale of spirituous liquors under judicial process in a county in which, by the provisions of the local option liquor law, such sales are prohibited, is a public nuisance and ought to be enjoined.
I. The act of the General Assembly, approved September 18, 1885 (Acts 1884-5, p. 121), known as the general local option liquor law, recites in its caption that it is an act to. provide for preventing the evils of intemperance, etc. It further recites, that in counties where the act may become of force,…
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