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CITY OF BAINBRIDGE v. OLAN MILLS INC.

17330.

207 Ga. 636 (1951)

63 S.E.2d 655

CITY OF BAINBRIDGE et al. v. OLAN MILLS INC.

Supreme Court of Georgia.

Rehearing Denied March 14, 1951.

Attorney(s) appearing for the Case

Conger & Conger, for plaintiffs in error.

Custer & Kirbo and Joe Van Derveer, contra.

HAWKINS, Justice.

1. The general rule is that courts exercising equity jurisdiction will not enjoin criminal prosecutions. Code, § 55-102; Corley v. City of Atlanta, 181 Ga. 381 (182 S. E. 177), and the numerous cases there cited.

2. Equity is not a special or favored forum for determining the validity of municipal ordinances. Only under exceptional facts and circumstances may its powers be used to restrain criminal prosecutions. even though...

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