Town of Oxford v. State ex rel. Howle

FOSTER, Justice.

The question on this appeal is whether section 135(9), Title 37, Code, which provides for the consent of certain groups of residents in territory proposed to be annexed to an existing municipality, requires that there shall be a petition for such annexation which shall be signed by them, when there is nothing in the statute looking to a petition except that clause in section 135(9). It provides that their consent shall be manifested by signing “said petition”. That term presupposes that something has been previously said about a petition. But there has been nothing previously…