Justice v. Dunbar

Marshall, Justice.

This appeal is from a judgment of the Superior Court of Fulton County granting the defendant’s motion for summary judgment in the plaintiff’s action to remove an obstruction (a fence) from an alleged private way.

The apparent contended basis for jurisdiction of this appeal in this court (there being no jurisdictional statement in the notice of appeal, as required by Code Ann. § 6-802 (Ga. L. 1965, pp. 18, 20; as amended)) is the prayer for the equitable relief of injunction of the threatened future obstruction of the roadway, which is alleged to be a "continuous” nuisance.…