Legal Opinion
James v. Hutton
Missouri Court of Appeals
Decided December 2, 1963No. 23792PublishedCited by 9 opinions
1Opinion of the Court
BROADDUS, Presiding Judge.
This is an action by minor plaintiffs, by their mother and next friend, against defendant seeking a declaratory judgment that they are the illegitimate children of said defendant and seeking support money from him. Defendant filed a motion to dismiss, which was sustained, and from which order plaintiffs appealed.
It is the settled rule that the Declaratory Judgment Act, Sect. 527.010 et seq., V.A.M.S.1959, is applicable only in those cases where there is a justiciable dispute or controversy. Simpson v. American Auto Ins. Co., 327 S.W.2d 519 (Mo.App.); Cotton v. Iowa…
2Cases cited6 opinions
- Christy v. PetrusSupreme Court of Missouri · 1956
- Cotton v. Iowa Mutual Liability InsuranceSupreme Court of Missouri · 1952
- Simpson v. American Automobile Insurance CompanyMissouri Court of Appeals · 1959
- State v. TourvilleSupreme Court of Missouri · 1956
- State Ex Rel. Canfield v. PorterfieldMissouri Court of Appeals · 1927
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- R___ v. R___Supreme Court of Missouri · 1968
- Baston v. SearsOhio Supreme Court · 1968
- St. Paul Fire & Marine Insurance Co. v. Medical Protective Co. of Fort WayneMissouri Court of Appeals · 1984
- In Re L.Missouri Court of Appeals · 1970
- Heembrock v. StevensonMissouri Court of Appeals · 1965
4 more not listed; retrieve them via the Exa API.