Legal Opinion
Clemente v. Greyhound Corporation
Superior Court of Delaware
Decided October 28, 1959No. 1142, Civil Action, 1958PublishedCited by 22 opinions
1Opinion of the Court
Stiftel, J.:
Motion to dismiss complaint pursuant to Superior Court Rule 12(b) (6), Del. C. Ann.
The ground for the motion is that the complaint fails to state a claim for declaratory judgment for the following reasons: (1) that the complaint fails to plead a controversy within the meaning of the declaratory judgment statute (10 Del. Code § 6501); (2) that an adequate remedy exists at law; (3) that the complaint seeks judgment upon an oral contract and raises serious disputes as to questions of fact; (4) that the statute’s purpose will not be served by declaratory judgment. Defendant also asks…
2Cases cited9 opinions
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
- Evers v. DwyerSupreme Court of the United States · 1958
- E. W. Bliss Co. v. Cold Metal Process Co.Court of Appeals for the Sixth Circuit · 1939
- Stabler v. RamsaySupreme Court of Delaware · 1952
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Burris v. CrossSuperior Court of Delaware · 1990
- Mason v. Board of Pension TrusteesSuperior Court of Delaware · 1983
- Delaware State University Student Housing Foundation v. Ambling Management Co.District Court, D. Delaware · 2008
- City of Wilmington v. Delaware Coach CompanyCourt of Chancery of Delaware · 1967
- Bank of Delaware v. Allstate InsuranceSuperior Court of Delaware · 1982
17 more not listed; retrieve them via the Exa API.