Phillips v. Mayor of Stone Mountain
This text of 61 Ga. 386 (Phillips v. Mayor of Stone Mountain) 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.
Opinion
Injunctions or orders in the nature of injunction, are not granted by courts of equity to restrain proceedings in crimi[388]*388nal matters. Eden on Inj., 66 ; 2Yesey Sr., 396 ; Hilliard on Inj., 2, 269; Kerr on Inj., 2 ; 30 Ala., 135 ; 53 (9®., 675. For this reason, whatever may be the infirmities of the penal ordinances of Stone Mountain, an injunction in the present case was properly denied. If unlawful convictions take place before a municipal court, reversal can be had in the superior court, as a court of law, by certiorari. This is a plain and adequate remedy, and a court of equity need not and cannot interfere. Chancery takes no part in the administration of criminal law. It neither aids the criminal courts in the exercise of jurisdiction nor restrains or obstructs them.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
61 Ga. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-mayor-of-stone-mountain-ga-1878.