State ex rel. Knox v. Stevens
North Dakota Supreme Court
Appeal from an order and judgment of the District Court, in the Third Judicial District, dismissing the alternative writ and denying a peremptory writ of mandamus. McKenna, J. The petitioners of the original petition should not be permitted to withdraw their names except upon a showing that, at the time they signed their names, they did so under misunderstanding of facts produced by misrepresentation. School Dist. v. School Dist. 63 Ark. 543, 39 S. W. 850; Re.
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Appeal from an order and judgment of the District Court, in the Third Judicial District, dismissing the alternative writ and denying a peremptory writ of mandamus. McKenna, J. The petitioners of the original petition should not be permitted to withdraw their names except upon a showing that, at the time they signed their names, they did so under misunderstanding of facts produced by misrepresentation. School Dist. v. School Dist. 63 Ark. 543, 39 S. W. 850; Re. Independent School Dist. 2 Chest Co. Rep. (Pa.) 132. A motion for withdrawal is insufficient when it merely states that the petition…
1Opinion of the CourtGrace, J.
The plantiffs presented to Frank P. Allen, district judge of the third judicial district, a petition for an alternative writ of mandamus, based on certain affidavits, which was later heard before George M. McKenna, judge of the district court of the same judicial district of Dickey county.
A statement of the material facts will aid in understanding the issues here presented.
Keystone School District No. 7 is located in Dickey county, and in extent' comprises a congressional township. Under the authority of § 1147, Comp. Laws, as amended by chapter 135, Session Laws of 1915, and as amended by…
2Cases cited2 opinions
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Rosten v. Board of EducationNorth Dakota Supreme Court · 1919
3Cited by5 opinions
- Chester v. EinarsonNorth Dakota Supreme Court · 1948
- Gallaher v. City of FargoNorth Dakota Supreme Court · 1954
- Judson PTO v. New Salem School BoardNorth Dakota Supreme Court · 1978
- State Ex Rel. Verry v. MurrayNorth Dakota Supreme Court · 1935
- Coghlan v. CuskellyNorth Dakota Supreme Court · 1932