
    Ison vs. Manley.
    The question presented by this record being whether, under facts on which testimony was had on a trial before the corporation court of the city of Griffin (from whose judgment a certiorari was taken), a certain encroachment on a sidewalk was a nuisance, the judgment of the court below will not be reversed because he remanded the case for a new trial, instead of rendering a final judgment therein.
    
      {a.) It is not decided whether any encroachment on a sidewalk, which narrows it, so as to give ingress and egress to a basement or cellar, is per se a nuisance which the corporation must abate, on complaint by any private person; or whether it is in the discretion oi the city authorities, on the facts in each case, in respect to the guards for securing the public safety, and the nature and extent of the interruption to the public convenience, or of the hurt or damage to the party or parties aggrieved. The record does not make this question squarely, and it is not passed upon it; but, as at present advised, this court inclines to the opinion that the question of abatement must turn on the fact whether the encroachment is a nuisance.
    Judgment affirmed.
    November 6, 1883.
    Jackson, Chief Justice.
     