Ohio Farmers Ins. Co. v. Heisel

The demurrer of the defendant, Goldie W. Lowenstein, executrix, is based upon seven grounds. However, it is necessary to consider but one of them, inasmuch as it is decisive. Does the plaintiffs’ petition state facts which show a cause of action for a declaratory judgment?

Since a declaratory judgment was unknown to the common law, jurisdiction to render this form of redress is dependent upon statutory authorization. In Ohio the controlling sections are 12102-1 to 12102-16, inclusive, General Code. The first of these sections is general and provides in part that “courts of record within their…