SCH. DIST. NO. 1 v. LANSING SCH. DIST.

Docket No. 48, Calendar No. 45,064.

331 Mich. 523 (1951)

50 N.W.2d 150

SCHOOL DISTRICT NO. 1, FRACTIONAL, v. SCHOOL DISTRICT OF THE CITY OF LANSING.

Supreme Court of Michigan.

Decided December 3, 1951.


Attorney(s) appearing for the Case

F.M. Thrun, for plaintiff.

Kelley & Seelye, for defendant.


CARR, J.

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.

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