Bright v. Fern

DISSENTING OPINION OF

DE, BOLT, J.

I am unable to concur in the opinion of the majority that “the withdrawal of two of the (31) petitioners requires the dismissal of the petition.”

As I view this matter the filing of the petition by “any thirty duly qualified voters of any election district” is essential, only, to give the court jurisdiction — power to proceed in the *328hearing of the contest — and that it does not lie in the power of any one of the thirty petitioners to onst- the court of the jurisdiction thus acquired, by his withdrawal. If the opinion of the majority is sound, then, also, by the…