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ATKINSON v. DRAKE

19065.

212 Ga. 26 (1955)

89 S.E.2d 888

ATKINSON v. DRAKE et al., Executors.

Supreme Court of Georgia.

Decided October 11, 1955.

Rehearing Denied November 16, 1955.

Attorney(s) appearing for the Case

Vester M. Ownby, for plaintiff in error.

Harold Sheats, contra.

DUCKWORTH, Chief Justice.

Where the only equitable relief sought was an injunction against the obstruction or closing of a private way after the obstruction had been placed therein, the petition was subject to general demurrer, since there was an available remedy at law under Code Ch. 72-2. Haney v. Sheppard, 207 Ga. 158 (60 S.E.2d 453). Hence the amendment thereto, alleging that the...

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