Palbicke v. Lee

This case and other companion cases involve identical questions. The basis of the alleged right to have the relief prayed is stated in the opinion prepared by Mr. Justice Davis.

The appeal is from an order granting defendant’s motion to dismiss the bill of complaint.

The bill of complaint sought to obtain decree of declaratory judgment, the prayer for same being as follows:

“Wherefore, Your orator being without remedy save in a Court of Equity where such matters are cognizable, prays this Court by its Declaratory judgment that, it has been proved to the Clerk of the Circuit Court of Santa Rosa…