Commonwealth v. Crow

Opinion op the Court by

Judge Richardson

Affirming.

The petition herein asked “for a declaratory judgi ment construing sections 4151-2 and 4153, Kentucky Statutes.” Section 639a-1, Civil Code of Practice, provides that “in any action * * * wherein it is made to appear that an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief; and the court may make a binding declaration of rights, whether or not consequential relief is or could be asked.”

The decisive question to be determined is: Do the allegations of the petition bring them within…