Norman v. Durham

This litigation has had a long and tedious history and I regret the necessity of a dissent. An opinion was filed here on September 9, 1963, but thereafter a rehearing was granted. I concurred in that order, although I wrote the original opinion.

The parties seemingly agree that this is basically a law action, although counsel for plaintiffs insist that it is “sui generis”; that insistence is true, so far as it goes, but a declaratory judgment action must still sound either in law, or equity, or both.

The principal opinion, in dealing with the abhorrence of forfeitures, relies largely upon…