Mallard v. Pye

Duckworth, Chief Justice.

This is an equitable action to enjoin the sheriff of a county from complying with an order of the ordinary to remove obstructions in a private way and to enjoin the adjoining property owner, who brought the action to remove the obstructions before the ordinary, from diverting or attempting to1 divert or interfering or attempting to interfere with the natural flow of surface waters from lands of the petitioner. The allegations attempt to show that the order of the ordinary was void in that it was not issued at a regular term of the court of ordinary, and required the…