Supreme Court of Georgia, 1917

Nevels v. Golden

Nevels v. Golden
Supreme Court of Georgia · Decided May 18, 1917 · Gilbert
147 Ga. 34; 92 S.E. 521; 1917 Ga. LEXIS 36

Nevels v. Golden

Opinion of the Court

Gilbert, J.

Where one gives notice of his intention to close a private way, but has not actually obstructed the same, the statutory remedies for removing obstructions do not apply. In a proper case injunction may issue to prevent the threatened injury. In the eases of Simmons v. Lindsay, 144 Ga. 845 (88 S. E. 199), and Adair v. Spellman Seminary, 13 Ga. App. 600 (79'S. E. 589), the obstructions actually existed at the time the injunction issued; and therefore these cases do not .conflict with the ruling here made. The evidence authorized the verdict, and none of the assignments of error require a reversal.

Judgment affirmed,.

All the Justices concur.

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