MILLS v. LYNCH

MILLS v. LYNCH
1926 OK 594
247 P. 981
121 Okla. 101
Case Number: 17288
Decided: 06/29/1926
Supreme Court of Oklahoma

MILLS et al.
v.
LYNCH, County Supt., et al.

Syllabus

¶0 1. Schools and School Districts--Consolidation of Districts--Procedure--Petition by Voters. By the provisions of section 10462, Comp. Stat. 1921, all or a part of any school district adjacent to a consolidated school district shall be attached to and become a part of such consolidated district upon petition to the county superintendent, signed by a majority of the legal voters of such territory desiring to be attached and by the board of directors of such consolidated district.
2. Same--Sufficiency of Petition -- Withdrawal of Name by Signer. A voter signing a petition for the consolidation of school districts has the absolute right to withdraw his name therefrom at any time before said petition is acted upon, and when such name is so withdrawn, it cannot thereafter be counted as one of the signers of said petition.
3. Same--Insufficiency of Signers--Effect. A petition to attach all or any part of a school district adjacent to a consolidated district, to such consolidated district, which does not contain the names of a majority of the voters in said district or territory desiring to be attached, is insufficient to authorize the county superintendent to make an order consolidating said districts.

H. C. Brownlee and E. D. Brownlee, for plaintiffs.
R. F. Shutler, for defendants.