Hoard Ex Rel. Hoard v. Home State Bank

The opinion of the court was delivered by

Parker, J.:

Plaintiffs brought this action in the district court under the provisions of G. S. 1949, 60-3127 which provides that in cases of actual controversy courts of record within the scope of their respective jurisdictions shall have power to render judgments declaratory of the rights of interested parties. A demurrer to the petition by one defendant and a motion to dismiss by another, based on jurisdictional grounds, were sustained to the petition. The appeal is from those rulings.

The petition discloses the theory on which the plaintiffs base…