Priddy v. Mayer Aviation, Inc.
Supreme Court of Arkansas
1ConcurrenceJorny A. Fogleman, Justice
I concur in the majority opinion, but I feel that I should state the reasons for my agreement on the jurisdictional question. I deplore the tendency to seek declaratory judgments in chancery court when the anticipated action would otherwise be a matter for jury trial. For this reason, such actions for a declaration of rights should always be carefully scrutinized for the basis of equity jurisdiction. We have held, and properly so, that the mere filing of an action for declaratory judgment does not give the chancery court any jurisdiction it would not otherwise have and that courts of equity…
2Cases cited20 opinions
- Ursini v. GoldmanSupreme Court of Connecticut · 1934
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Collins v. Aetna InsuranceSupreme Court of Florida · 1931
- MacDonald v. Carpenter & Pelton, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Stolz v. FranklinSupreme Court of Arkansas · 1975
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