THE NEW MICHIGAN DECLARATORY JUDGMENT ACT
At the last session of the Michigan legislature an act was passed authorizing the courts of the state to render declaratory judgments. Pub. Acts, 1929, No. 36. This act was drawn with a view to avoiding the objections found by the court in the former declaratory judgment act. Pub. Acts, 1929, No. 150, which had been held unconstitutional in the case of Anway v. Grand Rapids Railway Co. It was then held that the act in effect provided for the presentation and decision of moot cases, not based upon actual controversies, although Justice Sharpe filed a dissenting opinion, concurred in by Justice Clark, approving the act on the ground that a restriction limiting it to actual controversies was to be necessarily implied from its terms.
THE NEW MICHIGAN DECLARATORY JUDGMENT ACT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol28/iss8/9