The Washington times., 1934-07-10
To invoke
DECLARATORY
JUDGMENT

UUUUIVIEIuI
Among measures Of Importance
to the legal profession which
passed the recent Congress and
were approved by the President
was one which will go far toward
relieving the hazards of litigation
an amendment to the Judicial
Code providing for declaratory
judgments.
Thirty-four States and terrific
ries now have declaratory judg-
ments acts and the new law, as
it is now included in the Judicial
Code, will soon be invoked in the
local courts for the first time by
George C. Gertman, he said to-
day.
Procedure Simplified
The action for a declaratory
judgment opens up simple way
to adjudicate controversies over
contracts without preaching the
status quo, thereby avoiding un-
certainty, peril, insecurity and ir-
retrievable losses. It offers a
method of settling legal disputes,
without assuming the risks at
tendant on purported breach and
also provides an inexpensive and
expeditions substitute for the
cumbersome and dilatory actions
now used to seek coercive judg-
mentS.
It's most convenient example is
in the matter of contract. Where
a contract provides for a penalty
in case of a breach, but when
the breach seems justifiable be-
cause of a default of the other
party, the complaining party, in
stead of going into equity for
specific performance, or possibly
for an Injunction, thereby plac-
ing himself liable for damages,
may instead file his action ask
ing for an Interpretation Of the
contract.
Text of Measure
The measure providing the new
procedure is in the nature OF
an addition to Section 274C Of
the Judicial Code, to be known
as Section 274D. It follows:
"That the Judicial Code, ap-
proved March 3, 1911, is hereby
amended by adding after Sec
ton 274C thereof q new Sec
tiOn to be numbered 274D, as
follows:
"SectiOn 274D. ~ In cases
of actual controversy the courts
of the United States shall have
power upon petition, declara-
ton, complaint, or other ap-
propriate pleadings to declare
rights and other legal relations
of any interested party petit
ti0ning for such declaration,
whether or not further relief
is or could be prayed, and
such declaration shall have the
force and effect of a final
judgment or decree and be re-
viewable as such.
"(2) Further relief based on
q decIaratory judgment or de-
cree may be granted whenever
necessary or proper. The appli.
cation shall be by petition to a
court h wing jurisdiction to
grant the relief. If the applica-
tiOn be deemed sufficient, the
court shall, on reasonable notice,
require any adverse party, whose
rights have been adjudicated by
the declaration, to show cause
forthwith why further relief
should not be granted.
"(3) When a declaration Of
right or the granting of further
relief based theron shall involve
the determination of issues Of
fact triable by jury, such is
sues may be submitted to q jury
in the form of interrOgatOries,
with proper instructions by the
court, whether a general verdict
be required or not"
R. Aubrey Bogley and Thomas
e. Lodge are members of the gen
eral committee for the Presidents 5
Cup Regatta and have already
gotten in harness, thereby beating
their brethren of the bar asSocia
tons regatta committee by sew
eral DAYS,