Actions for Declaratory Judgments : a Treatise On the Pleading, Practice, And Trial of An Action for a Declaratory Judgment, From Its Inception to Its Conclusion, With Forms
Actions for Declaratory Judgments : a Treatise On the Pleading, Practice, And Trial of An Action for a Declaratory Judgment, From Its Inception to Its Conclusion, With Forms
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In our eReader you can find the full English version of the book. Read Actions for Declaratory Judgments : a Treatise On the Pleading, Practice, And Trial of An Action for a Declaratory Judgment, From Its Inception to Its Conclusion, With Forms Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Actions for Declaratory Judgments : a Treatise On the Pleading, Practice, And Trial of An Action for a Declaratory Judgment, From Its Inception to Its Conclusion, With Forms
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Administrator of Wash.2d 613. 110 P.2d 627.
Austrian Property (1924) 2 Ch. gg. Eng.— New York Life Insurance 2^^* Company v. Public Trustees Roesin v. Attorney-General, 34 (1924) 1 ch. 15, (1924) 2 Ch. 101.
an Jrb\f^^ ^^^^^l\ , o, t. e 90. Eng.— SchaflFenius v. Goldberg 87. U.S.— Valenti V. Clark, 83 F.Supp. (1916) 1 K B 284 167.
88. U.S.-Perkins v. Elg., 59 S.C. ^^' f^Tp^Tf ^?,T* ^*''' ^^ ^^'^^^' 884, 307 U.S. 325, 83 L.Ed. 1320. ^2^' ^^ ^^^ 262.
denying certiorari 99 F.2d 408, 92. U.S.— Tutun... v. U. S., Mass., 46 69 App.D.C. 175.
1464 Digitized by Google Ch. 16 DOMESTIC RELATIONS § 640 Since a declaratory judgment must be adverse in character and must involve a present and actual, as distinguished from a possible or potential controversy between the parties, a nonprofit corpora- tion having only native Filipino membership and owning no real estate and having no interest in such, contractual or otherwise, but having a purpose to acquire real estate in the future for a club- house, cannot maintain an action to test the validity of an anti- alien land law.®' Where the court declared the fact of the plaintiff's citizenship, it would not also grant injunctive relief, since a certified copy of the decree, when it became final, would attest the plaintiff's citizen- ship as well as a certificate of naturalization, and there was no ground for belief that an application for a certificate supported by a certified copy of the decree would not properly be gjanted.®^ The federal district court has jurisdiction over the subject mat- ter of an action against the attorney general of the United States for a declaration that the plaintiflf is a citizen, since the right is one arising under a federal statute, and where an actual controversy existed and the parties were before the court and the plaintiff re- sided in the district, the court had jurisdiction to entertain an ac- tion under the federal declaratory act.®' It is submitted, therefore, that a declaratory judgment action is an ideal remedy for the settlement of all controversies arising out of the status of citizenship or nationality, and particularly is this true as to naturalized citizens.
What to read after Actions for Declaratory Judgments : a Treatise On the Pleading, Practice, And Trial of An Action for a Declaratory Judgment, From Its Inception to Its Conclusion, With Forms?
You can find similar books in the "Read Also" column, or choose other free books by Anderson, Walter Houston, 1886- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Administrator of Wash.2d 613. 110 P.2d 627.
Austrian Property (1924) 2 Ch. gg. Eng.— New York Life Insurance 2^^* Company v. Public Trustees Roesin v. Attorney-General, 34 (1924) 1 ch. 15, (1924) 2 Ch. 101.
an Jrb\f^^ ^^^^^l\ , o, t. e 90. Eng.— SchaflFenius v. Goldberg 87. U.S.— Valenti V. Clark, 83 F.Supp. (1916) 1 K B 284 167.
88. U.S.-Perkins v. Elg., 59 S.C. ^^' f^Tp^Tf ^?,T* ^*''' ^^ ^^'^^^' 884, 307 U.S. 325, 83 L.Ed. 1320. ^2^' ^^ ^^^ 262.
denying certiorari 99 F.2d 408, 92. U.S.— Tutun... v. U. S., Mass., 46 69 App.D.C. 175.
1464 Digitized by Google Ch. 16 DOMESTIC RELATIONS § 640 Since a declaratory judgment must be adverse in character and must involve a present and actual, as distinguished from a possible or potential controversy between the parties, a nonprofit corpora- tion having only native Filipino membership and owning no real estate and having no interest in such, contractual or otherwise, but having a purpose to acquire real estate in the future for a club- house, cannot maintain an action to test the validity of an anti- alien land law.®' Where the court declared the fact of the plaintiff's citizenship, it would not also grant injunctive relief, since a certified copy of the decree, when it became final, would attest the plaintiff's citizen- ship as well as a certificate of naturalization, and there was no ground for belief that an application for a certificate supported by a certified copy of the decree would not properly be gjanted.®^ The federal district court has jurisdiction over the subject mat- ter of an action against the attorney general of the United States for a declaration that the plaintiflf is a citizen, since the right is one arising under a federal statute, and where an actual controversy existed and the parties were before the court and the plaintiff re- sided in the district, the court had jurisdiction to entertain an ac- tion under the federal declaratory act.®' It is submitted, therefore, that a declaratory judgment action is an ideal remedy for the settlement of all controversies arising out of the status of citizenship or nationality, and particularly is this true as to naturalized citizens.
What to read after Actions for Declaratory Judgments : a Treatise On the Pleading, Practice, And Trial of An Action for a Declaratory Judgment, From Its Inception to Its Conclusion, With Forms?
You can find similar books in the "Read Also" column, or choose other free books by Anderson, Walter Houston, 1886- to read onlineMoreLess
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