
    Mather Brothers Incorporated v. City of Dawson.
    No. 12907.
    July 12, 1939.
   Jenkins, Justice.

This case falls within the general rule that injunction will not issue to restrain a criminal prosecution. Code, § 5.5-102;. Gault v. Wallis, 53 Ga. 675 (4); Smith v. Carlton, 182 Ga. 494 (185 S. E. 777); Jewel Tea Co. v. Augusta, 183 Ga. 817 (190 S. E. 1); Salter v. Columbus, 125 Ga. 96 (54 S. E. 74).

Judgment affirmed.

All the Justices concur.

Atkinson, Presiding Justice,

concurring specially. Construing the petition most strongly against the pleader, it complains of an isolated case of arrest' and criminal prosecution for violation of a municipal ordinance. On his trial the defendant could set up any defense as to validity of the ordinance, and consequently had an adequate remedy at law without resort to a court of equity. The case differs on its facts and is not controlled by the ruling in Chaires v. Atlanta, 164 Ga. 755 (4) (139 S. E. 559).

B. L. Maynard, for plaintiff. B. B. Jones, for defendant.  