Legal Opinion · Dissent

Mills v. Mills

Supreme Court of Oklahoma

Decided June 26, 1973No. 43413Published

1DissentBarnes, Justice

I cannot agree with that part of the Majority Opinion in which it arrives at the holding announced in the second paragraph of its syllabus that:

Final judgments and decrees of a court of competent jurisdiction may not be interpreted or clarified under the Oklahoma Declaratory Judgment Act, 12 O. S.1971, §§ 1651-1657.

I am of the opinion that said Act authorizes District Court actions for declaratory judgments clarifying and/or interpreting previous judgments in civil cases generally. But this is not to say that in such an action a previous judgment may be changed or modified, or that rights…

2Cases cited9 opinions

  1. Roberts v. MerrillSupreme Court of Oklahoma · 1963
  2. Cummings v. Board of EducationSupreme Court of Oklahoma · 1942
  3. Cabot Carbon Company v. Phillips Petroleum CompanySupreme Court of Oklahoma · 1955
  4. In Re Arbuckle Master Conservancy Dist, District Ct., Murray Cty., No 9660Supreme Court of Oklahoma · 1970
  5. Glassford v. GlassfordArizona Supreme Court · 1953

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