reason that, at the time of the making of the order, the petition was not signed by two thirds of the resident electors in the proposed new district.
Schools and school districts—§ 1148, Compiled Laws 1913, construed.
2. During the time of the giving the notice specified in § 1148, Comp. Laws 1913, and until the hearing on the petition, any school elector who signed the petition for the proposed new school district, or a petition such as it contemplated by said section, may withdraw his name from the petition.
Opinion filed May 14, 1921.
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.
Order and judgment affirmed.
F. J. Graham, Jas. M. Austin, and Brickner & Knox, attorneys for appellants.
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. Independerit School Dist. 2 Chest Co. Rep. (Pa.) 132. A motion for withdrawal is insufficient when it merely states that the petition was signed “under mistake and misapprehension,” and does not state any facts to show that such was the case. Sutherland v. McKinney, 146 Ind. 611, 25 N. E. 1048.
The county commissioners and county superintendent acting jointly is a quasi court, and the filing of a proper petition, is jurisdictional, and gives the joint board jurisdiction to hear the petition on its merits. McDonald v. Hanson (N. D.) 164 N. W. 8.
The right of withdrawal ends after the officer, board, or body to whom the petition is addressed, has taken jurisdiction. 28 Cyc. 163; Sedalia ex rel. Gilsonite Constr. Co. v. Montgomery, 227 Mo. 1, 127 S. W. 50.
W. S. Lauder, for respondent.
By signing and filing a protest, a petitioner thereby in effect with-
