180 Ga. 35 | Ga. | 1934
Lead Opinion
The First Christian Church at Macon, Georgia, a corporation of Bibb County, filed, on July 3, 1933, a petition in which it prayed that the Realty Investment Company, also a corporation of Bibb County, be enjoined from obstructing a certain paved private way over which the petitioner alleged that it had
In the brief for the plaintiff it is stated that the private way
Judgment affirmed.
Rehearing
ON MOTION EOR REHEARING.
In its motion for a rehearing the plaintiff claims that under the circumstances of the present case the only notice which it was required to give the owner of the land was notice of use of the private way in question, and relies on the case of Everedge v. Alexander, 75 Ga. 859 (4), to the extent of the lan
Motion for rehearing denied.
Concurrence Opinion
concur specially on the ground that the evidence did not show any prescriptive right, but express no opinion as to the propriety of the remedy adopted.