 No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.  Law Notes - Pagina 461921Vizualizare completă - Despre această carte
 | William Macpherson, Herbert Cowell, Arthur Maynard Talbot - 1875 - 320 pagini
...view such a suit is not maintainable. RAJAH Sect. 15 of Act VIII. of 1859 is in these words : "No suit shall be open to objection on the ground that a merely declaratory «• decree or order is sought thereby, and it shall be lawful for the BATTACivil Court to make binding... | |
 | 1875 - 610 pagini
...the power thereby conferred would be objectionable, the words of the sections being : — " No suit shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Civil Courts to make binding declarations... | |
 | William Leggo - 1876 - 1110 pagini
...consequential relief;3 but now no suit is open to objection on the ground that a mere declaratory decree is sought thereby ; and the Court may make binding declarations of right without granting consequential relief.4 It seems, however, that the cases in which declarations of... | |
 | American Bar Association - 1921 - 1066 pagini
...be claimed, when there is an actual dispute or controversy between the parties in reference thereto. No action or proceeding shall be open to objection on the ground that a merely declaratory judgment, order or decree is prayed for. The declaration may be either affirmative or negative in form and effect... | |
 | Tennessee Bar Association - 1914 - 1764 pagini
...that a merely declaratory judgment, oecree or order is sought thereby, and the court may make bind"Og declarations of right whether any consequential relief Is or could be claimed, or not. ТЬеве statutes of Florida, Wisconsin and Michigan have been so Ug ty enacted that, so far as the... | |
 | Robert William Andrews - 1883 - 792 pagini
...as may be just. 5. No action or proceeding shall be open to objectjon Qn tjie groun({ tnat a mereiy declaratory judgment or order is sought thereby, and...consequential relief is or could be claimed or not. XXIII. I. By notice before defence. ORDER XXVI. DISCONTINUANCE. The first Rule has been slightly altered,... | |
 | Augustine Robert Whiteway - 1883 - 904 pagini
...be stayed or dismissed, or judgment to be entered accordingly, as may be just. Cf. 0. 19, r. 27. *5. No action or proceeding shall be open to objection,...merely declaratory judgment or order is sought thereby, anil the Court may make binding declarations of right, whether any consequential relief is or could... | |
 | Frank Rowley Parker - 1883 - 478 pagini
...could be claimed, or not, 0. 25, r. 5. Declaratory Judgment or OrderAction or proceeding shall not be open to objection on the ground that a merely declaratory judgment or order is sought, 0. 25, r. 5. Decree — Included in the word judgment, § 100. See JUDGMENT — 0RDER. Deeds— Cancellation,... | |
 | Sydney Peel - 1883 - 378 pagini
...objection on the ground Declaratory . decree. that a merely declaratory judgment or order is sought, but the Court may make binding declarations of right, whether any consequential relief is claimed or not. (J) The power to stay or dis- is new. miss frivolous or vexatious actions CHAPTER XXI.... | |
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