Miller v. Currie

This action is brought under the Uniform Declaratory Judgments Act, being sec. 269.56, Stats. The material part is printed in the margin.1

*203Numerous contentions were made in the argument and in briefs of counsel here, some of which at least require us to assume the existence of facts not alleged in the complaint, and are questions which relate to the exercise of discretion by the court as to whether or not jurisdiction of the action should be entertained. By the very words of the statute the discretion given to the court is not a discretion to entertain the action but to enter or decline to…