Lumber Mutual Casualty Insurance v. Wells

The propriety of invoking the provisions of the Uniform Declaratory Judgment Act, G. S., Art. 26, under the circumstances here disclosed, is without challenge on the record. Tryon v. Power Co., 222 N. C., 200, 22 S. E. (2d), 450; Myers v. Ocean Accident & Guarantee Corp., 99 F. (2d), 485; S. c., 22 Fed. Supp., 450. Cf. Casualty Co. v. DeLozier, 213 N. C., 334, 196 S. E., 318. The defendants have demanded a jury trial on the issues raised by the pleadings in accordance with G. S., 1-261, which provides that when an issue of fact is involved it may be determined in the same manner as issues of…