Travelers Indemnity Co. v. Cochrane

At the opening of the trial in the instant case, counsel for the defendants moved the court to dismiss plaintiff’s petition for the reason that it was insufficient to invoke the jurisdiction of the court under the Uniform Declaratory Judgments Act of this state. The court overruled the motion and the defendants now complain that the trial court erred in this respect.

This motion, in the nature of a demurrer, attacked the sufficiency of the petition. The trial court in ruling upon it was obliged to assume the well pleaded allegations of the petition to be true and to construe such allegations…