Legal Opinion

Nugent v. Watkins

Supreme Court of Georgia

Decided October 8, 1907PublishedCited by 34 opinions

Certiorari. Before Judge Hammond. Bichmond superior court. September^ 1906. Eliza Nugent filed with the ordinary of Bichmond county her .petition against Sarah E. Watkins, seeking to have obstructions removed from an alleged private way, under the provisions of the Civil Code, §679. She alleged that the way had existed and had been worked and kept open and in repair by her and her grantor", and was in their constant and uninterrupted use, for more than seven years prior to…

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Certiorari. Before Judge Hammond. Bichmond superior court. September^ 1906. Eliza Nugent filed with the ordinary of Bichmond county her .petition against Sarah E. Watkins, seeking to have obstructions removed from an alleged private way, under the provisions of the Civil Code, §679. She alleged that the way had existed and had been worked and kept open and in repair by her and her grantor", and was in their constant and uninterrupted use, for more than seven years prior to its obstruction. The ordinary, under the evidence, rendered judgment for the defendant. On certiorari his judgment was…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts).

This case is here for the second time. The ordinary dismissed the petition on demurrer. The judge of the superior court sustained his decision. On exception this court reversed the judgment. Nugent v. Watkins, 124 Ga. 150 (52 S. E. 158). On the trial, under the evidence, the ordinary found for the defendanty *383The case was carried to the superior court by writ of certiorari, and from the judgment of that court sustaining the decision of the ordinary it was brought by writ of error to this court. The assignments of error may be grouped under three heads: (1)…

2Cases cited23 opinions

  1. Hendrick v. DanielSupreme Court of Georgia · 1904
  2. Kirkland v. PitmanSupreme Court of Georgia · 1904
  3. Talbotton Railroad v. GibsonSupreme Court of Georgia · 1898
  4. Parker v. SalmonsSupreme Court of Georgia · 1901
  5. Horton v. SmithSupreme Court of Georgia · 1902

18 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Frank v. StateSupreme Court of Georgia · 1914
  2. Hardwick v. PriceCourt of Appeals of Georgia · 1966
  3. Myers v. PhillipsSupreme Court of Georgia · 1944
  4. Livingston v. BarnettSupreme Court of Georgia · 1942
  5. Lovejoy v. TidwellSupreme Court of Georgia · 1956

29 more not listed; retrieve them via the Exa API.

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