Atkinson v. Drake

Wyatt, Presiding Justice.

This is an action to enjoin the closing of a private way. The petition alleges that the defendant has strung a wire across the way, thereby closing it. In a former suit by one C. H. Gullatt against the same defendant seeking the same relief, Charles G. Drake, the plaintiff in the instant case, and Vesta G. Drake were made parties as executors under the will of C. H. Gullatt, who died during the pend-ency of the suit. This court in that case reversed the decision of the court below overruling the general demurrer to the petition. See Atkinson v. Drake, 212 Ga. 26 (89…