Anthony v. City of Atlanta

Supreme Court of Georgia

Anthony v. City of Atlanta

11 S.E.2d 197, 190 Ga. 841, 1940 Ga. LEXIS 600

CourtSupreme Court of Georgia

DecidedSeptember 26, 1940

Docket13510.

StatusPublished

Cited by4 cases

This text of 11 S.E.2d 197 (Anthony v. City of Atlanta) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anthony v. City of Atlanta, 11 S.E.2d 197, 190 Ga. 841, 1940 Ga. LEXIS 600 (Ga. 1940).

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Opinion

G-ricb, Justice.

An equitable petition was brought by B. Anthony, the owner and operator of a beauty-shop known as Anthony Permanent Waving Salon, against the City of Atlanta et al., seeking to enjoin enforcement of the penal provisions of an ordinance fixing hours of work and minimum prices to be charged by operators of such beauty-shops for specified services, and to enjoin threatened criminal prosecutions for violations thereof. There appears to be nothing alleged which takes the case out of the general rule that courts of equity will not enjoin a criminal prosecution. The judg,ment sustaining, .the demurrer to the petition is affirmed. See Powell v. Hartsfield, 190 Ga. 839.

*842 Judgment affirmed.

All the Justices concur, except Atkinson, P. J., who dissents.

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G-ricb, Justice.

An equitable petition was brought by B. Anthony, the owner and operator of a beauty-shop known as Anthony Permanent Waving Salon, against the City of Atlanta et al., seeking to enjoin enforcement of the penal provisions of an ordinance fixing hours of work and minimum prices to be charged by operators of such beauty-shops for specified services, and to enjoin threatened criminal prosecutions for violations thereof. There appears to be nothing alleged which takes the case out of the general rule that courts of equity will not enjoin a criminal prosecution. The judg,ment sustaining, .the demurrer to the petition is affirmed. See Powell v. Hartsfield, 190 Ga. 839.

*842 Judgment affirmed.

All the Justices concur, except Atkinson, P. J., who dissents.

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Bluebook (online)

11 S.E.2d 197, 190 Ga. 841, 1940 Ga. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-city-of-atlanta-ga-1940.

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