O.C.G.A.

O.C.G.A. § 43-21-57 (2019)

Injunctions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Upon application of any officer or citizen of the county wherein such establishment is located, the superior courts of the state are authorized to enjoin any licensee under this article from further operation of such business upon proof that such licensee has violated this article or upon proof that the licensee has forfeited his license; and the superior courts and the judges thereof shall likewise have authority to and shall enjoin, at the instance of any citizen, any person, firm, or corporation from further operation of such business without first securing the license provided for in this article.

History

Ga. L. 1945, p. 326, § 17A.

Annotations

JUDICIAL DECISIONS O.C.G.A. § 43-21-57 constitutional although title of Act does not mention injunction. - Fact that no particular reference is made in the title of Ga. L. 1945, p. 326 (see now O.C.G.A. Ch. 21, T. 43) to the penalty of an injunction provided for in Ga. L. 1945, p. 326, § 17A (see now O.C.G.A. § 43-21-57) did not render that section repugnant to the constitutional provision in Ga. Const. 1976, Art. III, Sec. VII, Para. IV (see now Ga. Const. 1983, Art. III, Sec. V, Para. III). Copeland v. Leathers, 206 Ga. 280, 56 S.E.2d 530, 1949 Ga. LEXIS 455 (1949). Injunctive relief provided for is entirely harmonious with main idea and purpose of Ga. L. 1945, p. 326. Copeland v. Leathers, 206 Ga. 280, 56 S.E.2d 530, 1949 Ga. LEXIS 455 (1949).

It is not required that owner or operator be in actual charge of register; if the owner’s or the operator’s agents, servants, or employees are in charge thereof and fail to secure from occupants of cabins or rooms the registration and information required by Ga. L. 1945, p. 326, § 6 (see now O.C.G.A. § 4321-56), the owner or operator is responsible therefor under former Code 1933, §§ 4-309 and 4-311 (see now O.C.G.A. §§ 10-6-58 and 10-6-60). Copeland v. Leathers, 206 Ga. 280, 56 S.E.2d 530, 1949 Ga. LEXIS 455 (1949). Statute did not authorize court to enjoin owner from selling such premises. Copeland v. Leathers, 206 Ga. 280, 56 S.E.2d 530, 1949 Ga. LEXIS 455 (1949).