Johnston v. McEntyre

Gkice, Justice.

For review is the denial of a temporary injunction against enforcement of an ordinary’s judgment ordering removal of an obstruction of a private way, pending an appeal of such order.

Smiley Johnston filed in the Superior Court of Floyd County, Georgia, a petition seeking such an injunction against Charles McEntyre, and also the Sheriff and the Ordinary of Floyd County.

Upon the hearing the evidence was that which follows. Mc-Entyre had filed his petition with the ordinary praying that an obstruction be removed from a certain roadway over lands of Johnston, and pursuant to a…