Jones v. Moorehead

Carlisle, Presiding Judge.

The instant case was an appeal to the superior court from the Court of Ordinary of Hall County, Georgia. The defendant in error applied to the ordinary to have set aside to him a private way over the lands of the plaintiff in error. The defendant in that action filed a plea in abatement in which he alleged that the plaintiff had instituted another action in the superior court to enjoin the obstruction of an existing private way; that the two actions were for the same purpose; that the plaintiff had dismissed the case in the superior court without paying the costs…