School District No. 26 v. Hards

In each of these actions, consolidated for disposition below and here, a declaratory judgment was sought. Involved, is the status of School Districts Nos. 10 and 26, Gunnison County. In one instance the school district, as such, instituted the action, while in the other, the district board having refused to act, the action was by a qualified elector and taxpayer. The right and capacity of plaintiffs to maintain their respective actions was not questioned below, nor is there reference thereto in the presentation here. There was identity of parties defendant, namely, the County Superintendent…