Declaratory Judgment As an Exclusive or Alternative Remedy, 31 Michigan Law Review 180 (1932)
In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the proceeding was not questioned by the parties, dismissed without prejudice a judgment of the lower court in the plaintiff's favor on the ground that "the proper action is replevin. The proceeding for declaratory judgment is not a substitute nor alternative for the common law actions."
Date of Authorship for this Version
Declaratory, judgment, constitutionality, Anway, Michigan, mortgage, debt, Chancery
Borchard, Edwin, "Declaratory Judgment as an Exclusive or Alternative Remedy" (1932). Faculty Scholarship Series. Paper 3431.