Ford v. Waters

1. The summary remedy by petition to the ordinary for the removal of an obstruction from a private way as provided in the Civil Code (1910), § 825, is applicable alike to prescriptive ways as described in § 824, and to private ways used for as much as one year where the landowner fails to give 30 days’ notice (§ 819). An applicant for the removal of an obstruction from a private way may base his right to relief upon both code-sections; but in the event the applicant prevails and removal of the obstruction is ordered, the judgment of the ordinary should show upon which claim of the applicant…