Heffer v. Spaulding

This is a motion to dismiss the petition upon the ground that it fails to state facts sufficient to constitute a cause of action.

The allegations in the petition of material facts which present here the question of law for determination and which must be treated on a motion of this kind as admitted are, in substance, that the provisions of section 1802 of the Education Law were not complied with in that three of five sets of petitions allegedly signed by voters residing within the village of Baldwinsville, *584with a population of less than 5,000 and more than 1,000, are undated and that two sets…