Abernathy v. Dorsey

Jenkins, Justice.

This case arose on a petition by taxpayers, seeking to enjoin an ordinary from calling a county-wide stock election, under the Code, § 62-501, and the acts there codified, on the question of fence or no fence. The statute provides for an election on the first Wednesday in July. On July 1, 1939, the court sustained a general demurrer to the petition, and refused an injunction. The record does not show any supersedeas. The defendant moves to dismiss the writ of error, on the ground that the case has become moot, because the election was held on July 5, 1939; and attaches to his…