Haley Ex Rel. Gash v. Pickelsimer

“. . . when a litigant seeks relief under the declaratory judgment statute, he must set forth in his pleading all facts necessary to disclose the existence of an actual controversy between the parties to the action with regard to their respective rights and duties in the premises.” Lide v. Mears, 231 N.C. 111, 56 S.E. 2d 404; Insurance Co. v. Roberts, ante, 285, 134 S.E. 2d 697, and cases cited. Plaintiffs, in their complaint, did not disclose what controversy, if any, existed between them and defendants. Their complaint contains no reference whatever to a prior action. However, defendants…