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A bill in equity seeking a declaratory decree under G. Averments in a bill in equity by a school committee against persons, whom the committee had elected respectively as superintendent and as assistant superintendent of schools after they had served for the three previous consecutive school years as assistant superintendent of schools and as a head master, respectively, that a controversy existed between the committee and the defendants as to whether upon their election they became employed to serve at discretion under G.
These are two bills in equity filed by the school committee of Cambridge, who on January 15, , elected Tobin, the defendant in the first suit, and Harrington, the defendant in the second suit, the superintendent and the assistant superintendent, respectively, of the schools of that city. It is alleged that Tobin, prior to his election, had served for more than three previous consecutive school years as assistant superintendent, and that Harrington, at the time of his election, had served for more than three such years as head master of one of the public schools of Cambridge.
The bills alleged that doubt and a controversy exist as to whether each defendant upon his election, by virtue of G. Each defendant, it is alleged, contends that he is now holding his respective position at the discretion of the committee as provided for by said Section The plaintiffs aver that they "do not admit such contention and dispute the interpretation of the law as contended for by the defendant.
After sustaining the demurrers of the defendants, the judge reported the suits to this court. An "actual controversy," as those words are employed in c. One of the benefits of the declaratory procedure is that it does not require one to incur the risk of violating some term of a contract or of invading some right of the other, even if done in good faith, before he may have relief. Indeed, our act provides that one may seek a declaratory judgment or decree "either before or after a breach or violation thereof has occurred in any case in which an actual controversy has arisen.
We think a pleading is sufficient if it sets forth a real dispute caused by the assertion by one party of a legal relation, status or right in which he has a definite interest, and the denial of such assertion by another party also having a definite interest in the subject matter, where the circumstances attending the dispute plainly indicate that unless the matter is adjusted such antagonistic claims will almost immediately and inevitably lead to litigation.