Hopkins v. Roach

James Eoaeh applied to the ordinary for an order -directing Jacob Hopkins to show cause why he should not remove ■certain obstructions placed by him in a private way to the use of which the plaintiff alleged he had a prescriptive right. At the hearing the ordinary passed an order commanding the defendant to .remove the obstructions complained of within forty-eight hours, pursuant to the statute. To this judgment Hopkins sued out a writ of certiorari, complaining that the judgment was erroneous for the reasons, (1) that the evidence showed that the land through which the way ran was unimproved…