Finney v. . Corbett

The interveners contend that the judgment of Lyon, J., rendered in a controversy without action on 16 November, 1925, should be set aside for the reason that the record does not disclose a “controversy without action” as contemplated by law.

What constitutes a controversy without action as contemplated by 0.S., 626?

The essentials of such a proceeding are:

1. The existence of a “question in difference.”

2. The existence of an adverse claim.

3. The proceeding must be brought in good faith.

These essentials to jurisdiction must appear by affidavit.

The statute, O. S., 626, provides: “But it must…