Nevels v. Golden
| Decision Date | 18 May 1917 |
| Docket Number | 465. |
| Citation | 92 S.E. 521,147 Ga. 34 |
| Parties | NEVELS ET AL. v. GOLDEN. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
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 cases 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.
Error from Superior Court, Worth County; E. E. Cox, Judge.
Action between R. J. Nevels and others and H. E. Golden. Judgment for the latter, and the former bring error. Affirmed.
Passmore & Forehand, of Sylvester, for plaintiffs in error.
J. H. Tipton, of Sylvester, for defendant in error.
Judgment affirmed.
All the Justices concur.
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Hunt v. Parker, 23132
...remedies for removing obstructions do not apply. In a proper case injunction may issue to prevent the threatened injury.' Nevels v. Golden, 147 Ga. 34, 92 S.E. 521; Croker v. Lewis, 217 Ga. 762, 125 S.E.2d 50. In order to acquire a prescriptive title to a private way over another's land, th......
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Campbell v. Deal
... ... plowing across it, and that further obstruction was ... imminent.' Phinizy v. Gardner, 159 Ga. 136, 125 ... S.E. 195, and Nevels v. Golden, 147 Ga. 34, 92 S.E ... 521, may be disposed of on the same ground ... The ... case at bar is controlled we think, ... ...
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Croker v. Lewis, 21582
...remedies for removing obstructions do not apply. In a proper case injunction may issue to prevent the threatened injury.' Nevels v. Golden, 147 Ga. 34 (case 1), 92 S.E. See also, Hall v. Browning, 195 Ga. 423(3), 425-426, 24 S.E.2d 392. In view of the allegations made in the petition under ......
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Spires v. Wright
...remedies for removing obstructions do not apply. In a proper case injunction may issue to prevent the threatened injury." Nevels v. Golden, 147 Ga. 34, 92 S.E. 521. If threatened obstruction would constitute a continuing nuisance, a proper case for equitable interference is made. Simmons v.......