Schoenwald v. Diamond K Packing Co.

(dissenting) — The prevailing opinion is too narrow, and it is not in accord with the letter and spirit of the declaratory judgment act, Rem. Rev. Stat. (Sup.), § 784-1 [P. C. § 8108-21] et seq., Laws of 1935, chapter 113, p. 305, as amended by Laws of 1937, chapter 14, p. 39.

That act, among other things, provides:

§ 784-1. “Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. . . . The declaration may be either affirmative or negative in form and effect; and such…