Pope v. The Mayor
| Decision Date | 30 September 1884 |
| Citation | 74 Ga. 365 |
| Parties | Pope . vs. The Mayor, etc., of Savannah. |
| Court | Georgia Supreme Court |
Chancery takes no part in the administration of the criminal law. It neither aids the criminal courts in the exercise of jurisdiction nor restrains or obstructs them. 53 Ga., 675; 61 Id., 386, 388; 71 Id., 106.
Judgment affirmed.
October 2, 1884.
[Pope filed his bill against the mayor, etc., of Savannah to enjoin them from putting into execution an ordinance which prohibited the erection of obstructions on the streets and sidewalks of the city, and provided penalties for its violation, and that the obstructions should be removed. The bill alleged that complainant had a right to erect certain shelving in front of his place of business, under another ordinance which, it was claimed, modified the former; that he had been arrested, tried before the police courtand fined; that he had carried the case to the superior court by certiorari; that the mayor, etc., were threatening to have him arrested and fined for every day the shelves were allowed to remain, and also that they would instruct the marshal to remove them. Insolvency of the city was alleged, and injunction prayed to prevent the defendants "from interfering with your orator in carrying on his business,... from removing the said obstructions so erected, as aforesaid, or in any manner interfering with your orator in and about the premises."
The hearing was had on the bill, answer and affidavits, and the injunction was refused. Complainant excepted.]
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City of Newnan v. Atlanta Laundries, Inc.
...complainant. " [Italics mine.] The judgment makes clear that the criminal proceedings instituted by the city were not enjoined. In Pope v. Savannah, 74 Ga. 365, the principle was again laid down so clearly that codifiers took from that decision the provisions now found in the Civil Code of ......
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Mayor, etc., of Shellman v. Saxon
... ... "Chancery takes no part in the administration of ... criminal law. It neither aids the criminal courts in the ... exercise of jurisdiction, nor restrains nor obstructs ... them." Phillip v. Mayor, etc., of Stone ... Mountain, 61 Ga. 386, 388; Pope v. Mayor, etc., of ... Savannah, 74 Ga. 365. This announcement has been ... codified in section 4914 of the Civil Code of 1895. The rule ... that a court of equity will not generally enjoin criminal ... prosecutions has also been commonly applied to proceedings to ... punish for violations of ... ...
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Georgia Ry. & Elec. Co. v. Town of Oakland City
... ... that this action was wrongful, and that the justice was ... insolvent. The rule was again announced broadly in ... Phillips v. Mayor, etc., of Stone Mountain, 61 Ga ... 387. There on ordinance required the doors of all retail ... liquor stores to be closed during the continuance ... imprisonment of an ordinance prohibiting the allowing of ... cattle to run at large on the streets. In Pope v. Mayor, ... etc., of Savannah, 74 Ga. 365, shelves were built in ... front of a store, complainant claiming the right to do so. An ... ordinance ... ...
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Town of Lilburn v. Alford Bros.
...and that this section applies to quasi criminal proceedings under municipal ordinances as well as the criminal laws of the state. Pope v. Savannah, 74 Ga. 365. Other cases to same effect might be cited. But where an ordinance illegal and unreasonable in itself is being enforced by prosecuti......