Miller v. Witcher

This suit was brought by appellees against appellants in the 'chancery court of Woodruff County to restrain them, as commissioners of Fencing District No. 4, in said county, from enforcing the act creating the district, alleging that the act in question is unconstitutional and void. The act was attacked upon the ground that it contained a provision that did not become effective until adopted by a majority of the voters who are landowners in the district, at, an election to be held on the 3d day of April, 1923'.

Appellants, by way of defense, allege that an election was held in the district…