21 Ga. App. 101 | Ga. Ct. App. | 1917
N. A. Statham and others applied to the ordinary of Wilcox county for an order directing George Brown and-others to show cause why they should not remove certain obstructions placed by them in a private way, to the use of which the plaintiffs alleged they had a prescriptive right. At the hearing the ordinary passed an order directing Brown and Maddox to remove the obstructions complained of in the petition, or to place suitable gates for the use of the public wherever the said way should cross this land. Brown and others sued out a writ of certiorari, complaining that the judgment was erroneous, for the reasons: (1) that the commissioners of roads and revenues of Wilcox county were the proper officers to try the ease; (2) that George Brown, the real defendant, resided in Dodge county, and the jurisdiction was in that county; and (3) upon- the general grounds that the judgment was contrary to law and without evidence to support it. The judge of the superior court overruled the certiorari, and the defendants excepted.
The first twp assignments of error — that the commissioners of roads and revenues of Wilcox county were the proper officers to try the case, and that the case should have been brought in Dodge county- — have been abandoned by the plaintiffs in error, and for that reason need not be considered by this court.
In cases of removal of obstructions from a private way, alleged to have been acquired by prescription, it is well recognized that two of the essential allegations are that the private way is not over fifteen feet in width, and that it has been kept open and in repair for a period of seven years or. longer. • Political Code of 1910, § 808; N., C. & St. L. Ry. v. Coats, 133 Ga. 820, 821 (66 S. E.
Reversed.