Legal Opinion

Wofford Oil Co. v. City of Boston

Supreme Court of Georgia

Decided June 16, 1930No. 7395PublishedCited by 20 opinions

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

The first question to be determined is whether a court of equity has jurisdiction of this case. It will be observed that it is a suit to enjoin a criminal prosecution, among other things. The general rule is that a court of equity will not enjoin a criminal prosecution or proceedings that are quasi criminal. Starnes v. Atlanta, 139 Ga. 531 (77 S. E. 381); Civil Code (1910), § 5491. This is a proceeding to enjoin the enforcement of a penalty provided for in a municipal ordinance for failing to pay the “specific license fee of $50” or occupation tax imposed…

2Cases cited5 opinions

  1. Hewin v. City of AtlantaSupreme Court of Georgia · 1905
  2. Southern Express Co. v. Rose Co.Supreme Court of Georgia · 1906
  3. Baldwin v. City of AtlantaSupreme Court of Georgia · 1917
  4. Starnes v. City of AtlantaSupreme Court of Georgia · 1913
  5. Upchurch v. City of LagrangeSupreme Court of Georgia · 1924

3Cited by20 opinions

  1. Great Atlantic & Pacific Tea Co. v. City of ColumbusSupreme Court of Georgia · 1939
  2. Washington National Insurance v. Mayor of SavannahSupreme Court of Georgia · 1943
  3. Southern Oil Stores Inc. v. City of AtlantaSupreme Court of Georgia · 1933
  4. City of Columbus v. StubbsSupreme Court of Georgia · 1967
  5. City of Douglas v. South Georgia Grocery Co.Supreme Court of Georgia · 1935

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