Clein v. Kaplan

Candler, Justice.

(After stating the foregoing facts.) A declaratory judgment or decree is one which simply declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done; its distinctive characteristic being that the declaration stands by itself, and no executory process follows as of course; and the action is therefore distinguished -from other actions in that it does not seek execution or performance from the. defendant or opposing party. Black’s Law Dictionary; 1 C. J. S., “Actions,” 1018, § 18. And in 16 Am. Jur. 276, §…