Reese v. Hartnett

Carey, J.-:

The question posed by the pending motion is whether the petition makes out a proper case for relief. For present purposes the allegations in the petition must be taken as true.

Counsel for the Levy Court suggests three reasons why relief should not be granted: (1) the impropriety, in a declaratory judgment case, of entering an executory order in favor of one defendant against another defendant; (2) the pendency of the writ of error: (3) the failure to allege that the County Comptroller has approved the bills.

The first objection is answered by the Declaratory Judgments Act itself.…