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23 Ga. App. 710

Perry v. Simpson

Court of Appeals of Georgia

Decided May 7, 1919

Court of Appeals of Georgia · decided 1919-05-07

<p>Certiorari; from Webster superior court—Judge Littlejohn.' October 9, 1918.</p>

Relies on Collier v. Farr · Louisville & Nashville Railroad v. Peeples

Good law ✅— No negative treatment on recordhow we know

Decided 1919-05-07

How this case has been cited

Cited by 3 later decisions — most recently May 1955

3 state decisions

1019191920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stephens, J.

¶1“Before an applicant can have obstructions removed from a private way he must show, not only that there has been an uninterrupted use for more than seven years, but that it is not more than fifteen feet wide, that he has kept it open and in repair, and that it is the same fifteen feet originally appropriated.” Collier v. Farr, 81 Ga. 749 (7 S. E. 860). The evidence failing to show that the applicant kept such private way open and in repair, the judge of the superior court should have sustained, on certiorari, the exceptions to the order of the ordinary ordering the defendant to remove obstructions erected by him in the alleged private way. Johnson v. Sams, 136 Ga. 448 (2) (71 S. E. 891).

¶2Judgment reversed.

Broyles, P. J., and Bloodworth, J., concur.
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