 | William Blake Odgers - Civil procedure - 1897 - 566 pages
...Barker, 3 Ch. D. 370—372.) But in October, 1883, it was clearly provided by Order XXV. r. 5, that " 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... | |
 | Edward Bullen, Thomas Joseph Bullen - Forms (Law) - 1897 - 1210 pages
...consequential relief. (Seo Wilson, Jud. Acts, 5th ed., p. 302.) But it is now provided by 0. XXV. r. 5, that " 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... | |
 | Judges - 1898 - 272 pages
...magistrates — to restrain (2) Order XXV. role 5 of the Rules of the Supreme Court, 1*83, provides: "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... | |
 | Sir Henry Wilmot Seton - Equity pleading and procedure - 1901 - 1228 pages
...or proceeding is to be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding...right whether any consequential relief is or could bo claimed, or not: and see Re St. Notaire Co., »up. Chap. XII., "TuiAL AND JUDGMENT," p. 165. COSTS.... | |
 | Thomas Chitty - Civil procedure - 1902 - 976 pages
...disposed of at any time before the trial." Declaratory Judgment tir Order may be taught.] — By r. 5, " 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... | |
 | Wyoming - Law - 1903 - 264 pages
...Enacted by the Legislature of the State of Wyoming: Scope. not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative... | |
 | Charles Hopkins Hartshorne - Civil procedure - 1905 - 262 pages
...order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just. 5. 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... | |
 | Australia. High Court - Law reports, digests, etc - 1913 - 806 pages
...(No. 24 of 1901), sec. 10.] — Under sec. 10 of the Equity Act 1901, which provides that " No suit shall be open to objection on the ground that a merely declaratory decree is sought thereby, and the Court may make binding declarations of right without granting consequential... | |
 | New Brunswick - Court rules - 1906 - 570 pages
...be stayed or dismissed, or judgment to be entered accordingly, as may be just. 0. 25, r. 4, (E). 5. 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... | |
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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. 
