Document Type

Response or Comment

Publication Date

1921

Abstract

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 of the parties interested." (Sec. 3) "When further relief based upon a declaration of rights shall become necessary or proper after such declaration has been made, application may be made by petition to any court having jurisdiction to grant such relief, for an order directed to any party or parties whose rights have been determined by such declaration, to show cause why such further ielief should not be granted forthwith, upon such reasonable notice as shall be prescribed by the court in the said order." In the case of Anway v. Grand Rapids Railway Co., decided Sept. 30, i92o, the Supreme Court of Michigan (Sharp and Clark, JJ., dissenting) held this act unconstitutional on the ground that it called upon the courts to exercise powers and perform duties not judicial.


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