Musser v. Grove

Fleming, P. J.,

Upon the representation of plaintiff’s counsel that certain authorities had been discovered which would clearly show our opinion filed May 20, 1930, to be in error, and, in order to protect plaintiff’s right of appeal, pending argument and a consideration of these authorities, we opened judgment in this matter, at the cost of the plaintiff, and have heard and considered the parties further.

We feel that plaintiff’s counsel have lost sight of the fact that this is a proceeding under the Uniform Declaratory Judgments Act, wherein we are called upon to pass upon certain specific…