2020 Georgia Code
Title 9 - Civil Practice
Chapter 5 - Injunctions
§ 9-5-2. No Interference by Equity in Administration of Criminal Laws

Universal Citation: GA Code § 9-5-2 (2020)

Equity will take no part in the administration of the criminal law. It will neither aid criminal courts in the exercise of their jurisdiction, nor will it restrain or obstruct them.

(Civil Code 1895, § 4914; Civil Code 1910, § 5491; Code 1933, § 55-102.)

OPINIONS OF THE ATTORNEY GENERAL

Equity will not enjoin prosecution of criminal offenses or criminal or quasi-criminal prosecution. 1957 Op. Att'y Gen. p. 66.

Court of equity probably would not enjoin arrest and prosecution of motorist for operating a motor vehicle without a tag, notwithstanding the motorist's contention that the motorist did not owe taxes that the motorist would be required to pay in order to obtain such tag. 1957 Op. Att'y Gen. p. 66.

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Injunctions, §§ 1, 178 et seq., 219 et seq.

C.J.S.

- 43A C.J.S., Injunctions, § 276 et seq.

ALR.

- Power to enjoin officers from enforcing liquor laws, 3 A.L.R. 1484.

Injunction against search of premises for liquor, 36 A.L.R. 936.

Jurisdiction, at the instance of governmental agency, to enjoin an act amounting to a crime, 91 A.L.R. 315.

Injunction as available remedy against prosecution or arrest for conducting business or practicing profession without a license, 167 A.L.R. 915.

Preconviction procedure for raising contention that enforcement of penal statute or law is unconstitutionally discriminatory, 4 A.L.R.3d 404.

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