Mercersburg Independent School District

Citations

• 237 Pa. 368
• 85 A. 467
• 1912 Pa. LEXIS 946

Syllabus

<p>School law — Petition for independent school district — Bight to withdraw names from petition.</p> <p>1. One who has signed a petition calling for the action of a judicial, legislative, or executive officer or body, may withdraw his name as of right before the jurisdiction of that tribunal, body or officer, has attached. In legislative and municipal bodies, and before officers or boards, whose duty involves the power to decide, and to exercise judgment, or discretion, jurisdiction cannot be said to attach until formal action has been taken on the subject matter of the petition.</p> <p>2. A petitioner does not have the right per se to withdraw his name after jurisdiction has attached, and in such cases never has the right to withdraw without leave of court.</p> <p>3. If a petitioner has been induced to sign by misrepresentations, he may withdraw his name even after jurisdiction has attached, but this must be done with leave of court, or other body or tribunal having jurisdiction of the proceeding.</p> <p>4. In those cases, in which jurisdiction has attached, the facts that several petitioners desire to withdraw their names, should be taken into consideration by the court; and, if, a sufficient number desire to withdraw, the court would not only be warranted in dismissing the petition, but in many instances should do so,' on the ground that under such circumstances the power of the court should not be asserted against the real wishes of signers whose names are necessary to give jurisdiction when they in good faith desire to withdraw from the proceeding.</p> <p>School law — Independent school districts — Abolition of district by Act of May 18, 1911, P. L. 809.</p> <p>' 5. Where an independent school district was to go out of existence on the first Monday of July, 1911, under the provisions of the School Code of May 18, 1911, P. L. 309, it was premature to present a petition on June 20, 1911, to create a new independent district out of the very same territory embrace