Hindu Incense Manufacturing Co. v. MacKenzie

Mr. Presiding Justice Feinberg

delivered the opinion of the court.

Plaintiff filed a complaint in two counts; one for a declaratory judgment, the other for an injunction. An answer was filed to both counts. Plaintiff made its' motion to strike the answer to count 1. Upon a hearing limited to count 1, the answer thereto, and the motion to strike the answer, the court entered a declaratory judgment. No proceedings were had under count 2. Defendant’s motion to vacate the declaratory judgment, to withdraw its answer and to strike plaintiff’s complaint was denied. The appeal is by defendant from the…