FRANKUM, Justice.
The appeal in this case is from an order denying a motion for a summary judgment filed in a case appealed to the superior court from a judgment rendered by the Ordinary of Chatham County. The case before the ordinary was a statutory proceeding to remove an obstruction from a private way brought under the provisions of Code § 83-119. At the time the appeal from the ordinary was transmitted to the superior court there was pending in that...
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