School District No. 1 v. School District

Plaintiff brought suit in circuit court under PA 1929, No 36 (CL 1948, § 691.501 et seq. [Stat Ann § 27.501 et seq.]), commonly referred to as the declaratory judgment act, for the purpose of obtaining a declaration of rights-. On motion the suit was dismissed, and plaintiff has appealed. In view of the action taken by the trial court, well-pleaded averments of material facts in the bill of complaint must be accepted as true.

Plaintiff is a graded school district, and defendant is a district of the third class, as defined in the school code of the State. * Pursuant to a special election held…