Southern Oil Stores Inc. v. City of Atlanta

The allegations of the petition in its entirety, especially in view of paragraph 19 thereof, considered in connection with the prayer for injunction, bring the case within the principle applied in Cathcart Van & Storage Co. v. Atlanta, 169 Ga. 791 (151 S. E. 489), in which it was held: “Where suit is filed in a court of equity, seeking to enjoin the enforcement of a provision of a municipal charter on the ground that such provision is unconstitutional, and where it appears that no arrest has been made, no property levied upon, and no other interference with the person or the property rights…