City of Dawson v. Bolton

Bussell, 0. J.

(After stating the foregoing facts.) In our opinion the court erred in overruling the defendants’ demurrer, and for that reason the merits of the proceedings upon the hearing were nugatory.

We will first consider the question as to whether the with-' drawal of certain of the signers of the petition, addressed to the' mayor and council, asking that Lee Street be paved, is permissible. It is alleged that a sufficient number of original petitioners for paving have reconsidered and asked to have their names withdrawn from the original petition for paving, which originally embraced…