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Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The subject of declaratory judgments has received a great deal of attention in the United States during the last few years, and the interest aroused has resulted in the enactment of statutes in a considerable number of states authorizing courts to declare the rights of parties in cases where relief of the conventional sort is inadequate, inconvenient or impossible. Such judgments may now be obtained in California, St I92I, ch. 463; Connecticut, P. A. 1921, ch. 258; Florida, Laws 1919, No. 75; Hawaii, Laws 1921, Act 162; Kansas, Laws 1921, cl. 168; New Jersey, Laws 1915, ch. 116, Sec. 7; …
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Articles
It has often been held that a party may obtain a judicial determination of his rights in respect to legislation alleged to be invalid, by means of an application to a court of equity for an injunction restraining the enforcement of the statute. Ex parte Young (1907) 209 U. S. 123, is the leading case of this type. There, a railroad rate statute was involved, which required compliance by all railroad companies in the state, under the threat of heavy penalties. The railroad actually violated the provisions of the statute after an injunction had been obtained by a stockholder restraining …
Declaratory Judgments, Ralph W. Aigler
Declaratory Judgments, Ralph W. Aigler
Articles
The Declaratory Judgments Act of Michigan (Act No. 150, P. A. 1919) provided as follows: (Sec. 1) "No action or proceeding in any court of record shall be open to objection on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any consequential relief is or could be claimed, or not, including the determination, at the instance of anyone claiming to be interested under a deed, will or other written instrument, of any question of construction arising under the instrument and a declaration of the rights …
Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges …
A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
Articles
In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential. If this is true, it must be because there is something in civilization itself which diminishes the necessity for a resort to actual force in sustaining the judgments of courts. And it is quite clear that civilization does supply an element which is theoretically capable of entirely supplanting the exercise of force in the assertion of jurisdiction. This …