GRAY et al. v. BARLOW et al., 241 Ga. 347, 245 S.E.2.d 299 (1978)
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Summary
Judgment reversed. All the Justices concur, except Hall, J., who concurs in the judgment only.
Summary
Judgment reversed. All the Justices concur, except Hall, J., who concurs in the judgment only.
Text
Walters, Davis, Ellis & Smith, Rick F. Ellis, T. V. Williams, Jr., for appellants.
Ben B. Gray, III, and Rita M. Gray, defendants in the trial court, appeal from the grant of temporary injunction against them, requiring the removal of an obstruction from a road.
The complaint was brought by Ralph Winston Barlow, Sr., William E. Barlow, Sr., James E. Barlow, Sr., Mrs. Lois J. Barlow, James F. Robinson, and Mrs. Kate J. Robinson. They alleged that the defendants were obstructing roads through the defendants' property to which the plaintiffs, as heirs or assigns of W. J. Barlow, were entitled to access because of a reservation by W. J. Barlow in a deed to the defendants' predecessor in title, and because the roads were public roads.
Robinson were then struck as parties by the other plaintiffs. The judge heard evidence on the issue of his disqualification. In his order denying his disqualification he recited that he is related by consanguinity to Mrs. Barlow and Mrs. Robinson within the sixth degree, but he found that neither has a pecuniary interest in the case.
The word "party" in the phrase "any party interested in the result of the case or matter" in Code 24-102 "is not restricted to the technical limitation of a party to the case, but includes those who are interested in the result of the case, although not parties of record." Ga. Power Co. v. Watts,
Preston & Preston, M. L. Preston, H. J. Quincey, for appellees.
1978
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