Hart v. Taylor
Supreme Court of Georgia
Roads and bridges. Nuisance. Jurisdiction. Prohibition. Before Judge Tompkins. Chatham Superior Court. February Term, 1878. Smith et al., petitioned Hart and Buckner, justices, to abate a nuisance alleged to have been created by Taylor, in obstructing their neighborhood road. He applied to the superior court for a writ of prohibition, on the ground that the justices had no jurisdiction. It was granted and they excepted.
1Opinion of the Court
Jackson, Justice.
The sole question made by this record is, did the justices of the peace, with a jury of twelve men, have jurisdiction to abate the stopping of a way that certain parties claimed as an easement of theirs, by piling up dirt and manure and building fences thereon, as a nuisance ?
The road is described as a neighborhood road, and an effort was made to take it out of the principle ruled in 55 Ga., 310, in the case of Salter vs. Taylor, by arguing that such a road was public, not private.
Without considering the question what difference it would make if it were a public road, it is…
2Cases cited1 opinion
- Salter v. TaylorSupreme Court of Georgia · 1875
3Cited by12 opinions
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
- City of Macon v. AndersonSupreme Court of Georgia · 1923
- Simmons v. LindsaySupreme Court of Georgia · 1916
- McCoy v. Central of Georgia Railway Co.Supreme Court of Georgia · 1908
- Jackson v. CalhounSupreme Court of Georgia · 1923
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