Mercersburg Independent School District
Supreme Court of Pennsylvania
Appeal, No. 55, Jan. T., 1912, by William H. Smith and James G-. Kieffer, from order of C. P. Franklin Co. Miscellaneous Docket, Vol. F, page 310, creating an independent school district. In re Independent School District of Mercersburg. Petition for creation of an independent school district.
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Appeal, No. 55, Jan. T., 1912, by William H. Smith and James G-. Kieffer, from order of C. P. Franklin Co. Miscellaneous Docket, Vol. F, page 310, creating an independent school district. In re Independent School District of Mercersburg. Petition for creation of an independent school district. Before Gillan, P. J. From the record it appeared that the petition was presented on June 20, 1911, and prayed for the formation of an independent school district composed of the Borough of Mercersburg, part of Montgomery Township and part of the Township of Peters. It appeared that this territory had…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The right of the fifteen original signers of the petition to withdraw is one of the questions raised by this appeal. As a general rule, parties who institute a proceeding have the right to discontinue it, subject, of course, to the order of court as to costs and proper charges. If all the original signers had joined in a petition asking to withdraw their names, or to discontinue the proceeding, before the hearing, or prior to the taking of testimony, and before the questions involved were considered, or determined, the right to do so, could not be seriously…
2Cases cited3 opinions
- Incorporation of Flemington BoroughSupreme Court of Pennsylvania · 1895
- Borough of QuakertownSupreme Court of Pennsylvania · 1855
- Incorporation of Old ForgeSuperior Court of Pennsylvania · 1900
3Cited by13 opinions
- In Re the Franklin Township Board of SupervisorsSupreme Court of Pennsylvania · 1977
- Neiswander v. BricknerOhio Supreme Court · 1927
- Lerten AppealSuperior Court of Pennsylvania · 1951
- In Re Petition of WilhelmSuperior Court of Pennsylvania · 1931
- Perkasie Borough's Annexation CaseCommonwealth Court of Pennsylvania · 1971
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