Lea v. Lea

Rule 106 of the Rules of Civil Practice is improperly and futilely appealed to by the defendant. The complaint does state facts sufficient to constitute a cause of action and this court has jurisdiction of the subject of the action.

Section 473 of the Civil Practice Act, dealing with declaratory judgments, has been interpreted to mean that the Supreme Court has the authority “ to declare rights and other legal relations on request for such declaration, whether or not further relief is or could be claimed, and such declaration shall have the force of a final judgment.” (James v. Alderton Dock…