Huggin v. Gaffney Development Co.

Oxner, Justice.

Plaintiff seeks in this action to recover damages for obstructing a public road and an order requiring defendants to remove the obstruction and reopen said road. The case comes before us on appeal by plaintiff from an order sustaining a demurrer to the complaint upon the grounds (1) that the plaintiff lacked legal capacity to bring the action, and (2) that there was a defect of parties plaintiff and defendant in certain specified particúlars.

It appears from the complaint that plaintiff owns a tract of land in Cherokee County through which runs a public road connecting South…