Fortson v. Mattox
Supreme Court of Georgia
Courts. Ordinary. Roads and Bridges. Before Judge POTTLE. Elbert Superior Court. March Term, 1881. Fortson filed his petition before the ordinary of. Elbert county to have obstructions removed from a private way claimed across the land of Mattox. On the hearing the ordinary ordered that the obstructions be removed within forty-eight hours. Mattox carried the case to the superior court by certiorari.
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Courts. Ordinary. Roads and Bridges. Before Judge POTTLE. Elbert Superior Court. March Term, 1881. Fortson filed his petition before the ordinary of. Elbert county to have obstructions removed from a private way claimed across the land of Mattox. On the hearing the ordinary ordered that the obstructions be removed within forty-eight hours. Mattox carried the case to the superior court by certiorari. The answer of the ordinary showed that the testimony before him was to th,e effect that the private way (without other description), not more than fifteen feet wide, had been in use by the…
1Opinion of the Court
JACKSON, Chief Justice.
We do not think this certiorari falls within section 4050 of the Code, but under section 4052. The jurisdiction is that of the ordinary, and not of the court of ordinary. By act of 1872, p. 60, sections 737 et seq. of the Code, private ways and the removal of obstructions thereon are under the jurisdiction of that officer, who, on three days’ notice, acts upon petitions to remove the obstructions as ordinary, and not at regular terms of the court as a court' of ordinary. His action is that of an inferior judicatory,, and not of the court of ordinary sitting regularly…
2Cited by7 opinions
- Little v. McCallaCourt of Appeals of Georgia · 1917
- Griffin v. SanbornSupreme Court of Georgia · 1906
- Rogers v. AndersonCourt of Appeals of Georgia · 1957
- Smith & Co. v. WoolardSupreme Court of Georgia · 1917
- Golding v. ParrishCourt of Appeals of Georgia · 1921
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