Tinglof v. Askerlund

Tinglof (hereinafter called plaintiff) brought a proceeding to have a transcript of judgment obtained by a general creditor against defendant’s husband adjudged to have priority over a decree in a separate maintenance suit, in which certain real estate was awarded to the wife in lieu of support money from her husband. Plaintiff’s pleading was denominated a “petition for a decree under the declaratory judgment act.” A demurrer to the petition, challenging the sufficiency of the petition generally and the applicability of the declaratory judgment law, was sustained. Plaintiff elected to stand…