Dillon v. Gaker

OPINION

By HAMILTON, J.

This case was re-argued on the question as to whether or not the case was one in chancery and appealable on questions of law an'd fact, or one of law.

On the conclusions reached, the judgment in the case will be the same which ever way the case is presented. However, it was desired that the court pass upon the character of the case.

One member of the court is of opinion that declaratory judgments are provisions of the statute, and that they are of necessity based on question? of law only.

The majority of the court is of opinion that the character of the case upon which a…