Legal Opinion

Guernsey v. Ferguson

Ohio Court of Appeals

Decided February 15, 1945No. 3795PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BY TPIE COURT:

The appeal is on questions of law.

We are committed to the proposition that,

*34“An action for declaratory judgment will not lie unless there is an actual controversy presenting a justiciable dispute between the parties.” Hammontree v Hawley, 40 Abs 483.

The written opinions of Judges Randall and Leach of the Common Pleas Court analyzing the pleadings and directing attention to the reasons why there is no. substantial justiciable dispute between the parties are approved and followed.

The brief of appellant in this Court is substantially the same as in the trial Court, and the…

2Cases cited1 opinion

  1. Hammontree v. HawleyOhio Court of Appeals · 1943

3Cited by1 opinion

  1. Hagerman v. DaytonOhio Court of Appeals · 1946

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