Nevels v. Golden
Summary
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Opinion of the Court
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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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