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Law Review Law Review HARVARDHARVARD LAW REVIEWREVIEW VOL.VOL. XXXIVXXXIV MAY,MAY, 19211921 NO.NO.7 7 THETHE UNIFORMUNIFORM ACTACT ONON DECLARATORYDECLARATORY R-D]1JDGMENTS GMENTS T HE National Conference ofof Commissioners on Uniform State T Laws at itsits session inin St. Louis in August, 192o,1920, approved thethe first draft of a Uniform Act on DeclaratoryDeclaratory Judgments. At thethe next session of the Conference in 1921 the Act will probably receive final approval and be recommended to legislatures for enactment. The importance of the recommendationsrecommendations of this august body in promoting the enactment of legislation in our states war­war- rants some comment upon the draft they have approved. Although a few instances of statutory authorization for the rendering of declaratory judgments may be found in our state legis­legis- lation prior to 1918, such as the California Act of 1850,1185o,l the Rhode Island Act of 1876,2 the New Jersey Act of 1915,3i915,' the Connecticut 11 CALIFORNIACAL moNIA PRACTICEPRAcrIcE Acr,AcT, § 527: "An"An actionaction may be broughtbrought byby one person against another, forfor thethe purpose of determiningdetermining an adverseadverse claimclaim whiellwhich the latterlatter makes against the former, forfor money or property, upon anan allegedalleged obligation." See KingKing v. Hall,SHall, 5 Cal.Cal. 8383 (1855).(1855). Cf. thethe actionaction of jactitation, stillstill usedused inin many coun­coun- triestries adopting thethe civilcivil law,law, 2828 YALEYALE L. J. I,I, 20. r9o9, ch. 289, 22 RHODER oDE ISLAND,ISLAND, AcrsAcrs && REsOLVES,RESOLVES, 1?76,I876, ell.ch. 563, § 17,17, GEN. LAWSLAWS 1909, ell. 289, §§ 19:ig: "No"No suitsuit inin equityequity shallshall bebe defeateddefeated on thethe groundground thatthat aa mere declaratory decree isis sought;sought; andand thethe courtcourt may makemake bindingbinding declarationsdeclarations ofof rightright inin equity,equity, withoutwithout grantinggranting consequentialconsequential relief."relief." InIn Hanley v.v. Wetmore,Wetmore, 1515 R.R. 1.I. 386,386, 6 At!.At. 777777 (1886),(1886), thisthis waswas construedconstrued narrowly,narrowly, likelike thethe English ActAct ofof 18521852 (28(28 YALEYALE L. J.J. 26),26), andand was deemeddeemed toto requirerequire thethe existenceexistence ofof aa possibilitypossibility ofof obtainingobtaining coercivecoercive relief,relief, whiellwhich merelymerely isis notnot claimed.claimed. "SectionsSections 20--2220-22 ofof thethe GENERALGENERAL LAWSLAWS ofof 1909i909 dealdeal withwith dec­dec- larationslarations onon thethe constructionconstruction ofof writtenwritten instruments;instruments; theythey havehave beenbeen usedused principallyprincipally forfor thethe constructionconstruction ofof wills.wills. 3 NEWNEW JERSEY,JERSEY, LAWSLAWS 1915,1915, ell.ch. n6,1i6, §§ 7,7, p.P. 185:185: "Subject"Subject toto rules,rules, anyany personperson HARVARDHARVARD LAWLAW REVIEWREVIEW 4 5 ActAct ofof 1915,41915, andand otherother isolatedisolated cases,5cases, itit waswas notnot untiluntil 19181918 thatthat thethe movementmovement acquiredacquired renewedrenewed momentummomentum inin thethe UnitedUnited StatesStates andand nownow seemsseems destineddestined toto sweepsweep thethe country.6country.6 WithinWithin thethe lastlast claimingclaiming aa rightright cognizablecognizable inin aa courtcourt ofof equity,equity, underunder aa deed,deed, will,will, oror otherother writtenwritten instrument,instrument, maymay applyapply forfor thethe determinationdetermination ofof anyany questionquestion ofof construc­construc- tiontion thereof,thereof, inin soso farfar asas thethe samesame affectsaffects suchsuch aa right,right, andand forfor aa declarationdeclaration ofof thethe rightsrights ofof thethe personspersons interested."interested." ThisThis statutestatute isis based,based, notnot onon thethe broadbroad powerpower grantedgranted toto thethe EnglishEnglish courtscourts underunder SupremeSupreme CourtCourt RulesRules ofof r883,1883, OrderOrder XXV,XXV, rulerule 5,5, butbut onon thethe moremore restrictedrestricted provisionsprovisions ofof thethe rulerule ofof 1893,1893, OrderOrder LIV,LIV, A.A. ThisThis alsoalso isis thethe basisbasis ofof thethe FloridaFlorida ActAct ofof 1919,igg, LAWSLAws 1919,1919, ch.ch. 7,8577,857 (No.(No. 75),75), p.p. 148,148, whichwhich addsadds thethe wordswords "or"or corporation"corporation" afterafter "any"any person."person." SeeSee InIn rere Un­Un- garo'sgaro's Will,Will, 8888 N.N. J.J. Eq.Eq. 25,25, 102102 At!.Atl. 244244 (1917);(1917); RenwickRenwick v.v. Hay,Hay, 9090 N.N. J.J. Eq.Eq. 148,148, io6 547 106 At!.AtI. 547 (r9I9);(gig); MayorMayor ofof BayonneBayonne v.v. EastEast JerseyJersey WaterWater Co.,Co., ro8io8 Atl.Atl. (N.(N. J.J. Eq.)Eq.) 121121 (1919),(I919), 2929 YALEYALE L.L. J.J. 545-549.545-549. TheThe EnglishEnglish OrderOrder XXV,XXV, rulerule 5,5, ofof 1883,1883, reads:reads: "No"No actionaction oror proceedingproceeding shallshall bebe openopen toto objection,objection, onon thethe groundground thatthat aa merelymerely declaratorydeclaratory judgmentjudgment oror orderorder isis soughtsought thereby,thereby, andand thethe CourtCourt maymay make bindingbinding declarationsdeclarations ofof right,right, whetherwhether anyany consequentialconsequential reliefrelief is,is, oror could bebe claimed,claimed, oror not." OrderOrder LIV, A, ofof 1893,1893, reads:reads: "In"In anyany DivisionDivision ofof thethe HighHigh Court,Court, anyany personperson claimingclaiming toto be interestedinterested under aa deed, will, oror otherother written instrument,instrument, may applyapply by originating summonssummons forfor thethe determinationdetermination ofof anyany question ofof construc­construc- tion arising under thethe instrument,instrument, and for aa declaration of thethe rightsrights ofof thethe persons interested." 4 Cox iccuT, PuB. AcTS, ch. 4 CONNECTICUT, PUB. ACTS, 1915,i915, ch. 174, § I,1,2 2 GEN.GEw. STAT.STAT. I918,I9r8, § 5II3:Si3: "An action may be brought by anyany person claiming .... .. anyany interest in .... real or per­per- sonal property ..... against any person who may claim .... .. any interest .... ad­ad- verse to the plaintiff ..... for the purpose of determining such adverse .... interest ....and to clear ·upup all doubts and disputes, and toto quiet and settle the title to the same." See Ackerman v. Union & New Haven Trust Co., 90 Conn. 63, 96 At].Atl. 149 (i915) (1915),, 91 Conn. 500,5oo, 5o6,506, Ioo100 Adt.Atl. 22 (1917), where the court, Case, J., was most reluctant to admit the factfact thatthat thisthis statute was in effect analogous to the English Order XXV, rulerule 5. 5 See references 5 See references toto various statutesstatutes and decisions which may be deemed to have authorized or involvedinvolved declaratory judgmentsjudgments in 28 YALEYALEL. L. J. 1,1,3,30-32;3, 30-32; andand inin man-man­ uscript briefbrief of ProfessorProfessor EdsonEdson R.R. Sunderland as amicus curiaeC1lriae inin the casecase of Anway v.v. Grand Rapids Ry.,Ry., 179179 N. W. (Mich.)(Mich.) 350350 (1920).(1920). 6 Sunderland, "A Modem 6 Sunderland, "A ModernEvolutionEvolution inin RemedialRemedial Rights -- thethe Declaratory judg-Judg­ ment," 16 Mica.MICH. L.L. Rav.REV. 6969 (1917); Borchard, "The"The Declaratory JudgmentJudgment-a -a Needed NeededProceduralProcedural Reform,"Reform," 2828 YALEYALE L.L. J.J. I, io5 l0S (1918);(1918); Sunderland, "The"The CourtsCourts asas AuthorizedAuthorized LegalLegal AdvisersAdvisers ofof thethe People," 5454 AomE.AMER. L.L. REv.REV. i61161 (1920);(1920); "The DeclaratoryDeclaratory Judgment,"Judgment," 2020 CoL.COL. L.L. REv.REV.· io6106 (1920);(1920); Harrison,Harrison, "The"The DeclaratoryDeclaratory JudgmentJudgment inin California,"California," 88 CAL.CAL. L.L. REv.REV. 133133 (1920);(1920); Kerr,Kerr, "Declaration"Declaration ofof RightsRights withoutwithout ConsequentialConsequential Relief,"Relief," 5353 AMR.AMER. L.L. REv.REv. i6i161 (1919);(1919); Vinje,Vinje, "Declaratory"Declaratory Relief,"Relief," 44 MARQuETTEMARQUETTE L.L. Rav.REV. ro6I06 (1920);(1920); Borchard,Borchard, "Recent"Recent DeclaratoryDeclaratory judg-Judg­ ments,"ments," 2929 YALEYALE L.L. J.J. 545545 (1920);(1920); Schoonmaker,Schoonmaker, "Declaratory"Declaratory judgment,"Judgment," 55 MINN.MINN. L.L. REv.REV. 3232 (1920);(1920); Dodd,Dodd, "Progress"Progress ofor" PreventivePreventive Justice,"Justice," 66 Ar.AM. BARBAR AssN.ASSN. J.J. 151151 (Nov.,(Nov., 1920);1920); Gates,Gates, "Declaratory"Declaratory Relief,"Relief," PROCEEDnGsPROCEEDINGS OFOF TENNESSEETENNESSEE BARBAR ASSN.ASSN. 4141 (1920);(1920); Medina,Medina, "Some"Some PhasesPhases ofof thethe NewNew YorkYork CivilCivil PracticePractice ActAct and.and Rules,"Rules," 2121 COLUMBIACOLUMBIA L.L. REv.REV. 113II3 (1921).(1921). THE UNIFORM ACT ON DECLARATORY JUDGMENTS 699 two years Michigan,7 Wisconsin," Florida,9 New York,10 and Kan- sas " have empowered their courts, with varying limitations, to 7 MicHIGAN PUBLIC ACTS igig, No. 15o, P. 278: "Section i. No action or proceeding in any court of record shall be open to objec- tion on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any conse- quential relief is or could he claimed, or not, including the determination, at the in- stance of anyone claiming to be interested under a deed, will, or other written instru- ment, of any question of construction arising under the instrument and a declaration of the rights of the parties interested. "Sec. 2. Declarations
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