 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.  The Central Law Journal - Page 1701921Full view - About this book
 | William Blake Odgers, Walter Blake Odgers - Common law - 1911 - 962 pages
...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...consequential relief is or could be claimed or not." 4 And now " actions can be brought merely to declare rights ; and this is an innovation of a very important... | |
 | Law - 1912 - 624 pages
...exception is now taken. It is no objection to a suit that only a merely declaratory order or decree is sought thereby, and the Court may make binding declarations of right without granting consequental relief, and this I apprehend it may do without being specially requested,... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - Law reports, digests, etc - 1914 - 1016 pages
...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...consequential relief is or could be claimed or not." This Rule gives to the Court jurisdiction to make declaratory judgments, but this jurisdiction must... | |
 | Manitoba - Law - 1914 - 1162 pages
...shall be open to objection judgments on the ground that a merely declaratory judgment or order and and every promissory note and cheque made, drawn companyor...on behalf of the company by any agent, officer or can be claimed or not; (/) The court and every judge thereof shall also have £ea'^ethat power to grant... | |
 | Northwest Territories - Law - 1915 - 824 pages
...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...consequential relief is or could be claimed or not. 1907, c. 5, s. 7. 10. No cause or proceeding at any time pending in the court shall be restrained by... | |
 | Edward Bullen, Stephen Martin Leake, William Blake Odgers - Forms (Law) - 1915 - 1108 pages
...no action or proceeding shall be open to question, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make...any consequential relief is or could be claimed, or nor," And this is now the practice (Ellis v. Duke of Bedford, [1899] 1 Ch. p. 515 ; 70 LJ Ch. 102 ;... | |
 | Law - 1915 - 1082 pages
...p. 549 : " The declaration authorised is a ' declaration of right ' — that is, of the plaintiff"s right — ' whether any consequential relief is or could be claimed or not? It does not authorise a declaration of obligation. Where the cause of action is in the defendant, and... | |
 | Law - 1916 - 1162 pages
...Appellate Division held, over-ruling Sutherland, J., that though the Court now has discretionary power to make binding declarations of right whether any consequential relief is or could be claimed or not, such discretion should be e'xercised adversely to the plaintiff; and they, therefore, allowed the appeal.... | |
 | Michigan State Bar Association - 1917 - 662 pages
..."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...consequential relief is or could be claimed or not." This rule introduced "an innovation of a very important kind," to use the words of Justice Lindley."... | |
 | American Judicature Society - Justice, Administration of - 1917 - 782 pages
...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,... | |
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