Gitsis v. Thornton

While the petition alleges a claim of the defendants against the plaintiff Gitsis, it was conceded in argument that they have made none and that at most the existence of the claim is only a possibility. The declaratory judgment statute (Laws 1929, c. 86) requires that there be an adverse claim to the claim of the petitioner. Since it does not appear that the defendants here have any claim against Gitsis, he has no right to maintain the petition. Merchants &c. Co. v. Kennett, 90 N. H. 253. “There is no right to an adjudication of matters not in contention.” Conway v. Board, 89 N. H. 346, 349.

As…