City of Dawson v. Bolton

I can not concur in the reversal of the judgment of the trial court overruling the defendant’s demurrer to the petition. I am of the opinion that the signers of the petition filed by the owners of abutting property had the right under the law to withdraw their names at any time before the council had acted upon the petition, authorizing the improvement in question. The proceeding was not technically a judicial one. It might be called quasi-judicial. The principle involved may be likened, however, to the filing of a petition in court. The filing of such peti*242tion is a recognition by the…