Neal v. Brockway

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the proper course of action when granting a “motion to dismiss prior to service of a responsive pleading is to dismiss with leave to amend”
• “bare existence of another adequate remedy is not a bar to a declaratory judgment proceeding where a controversy exists”
• dismissal of complaint for failure to state claim without affording party notice and opportunity to amend was error requiring reversal
• “The Declaratory Judgments Act is a remedial statute entitled to a liberal construction to effectuate its salutary purpose.”
• error for court to dismiss, under the DJA, request to declare parties’ rights to property jointly held because “bare existence of another adequate remedy . . . provides an insufficient basis” for a dismissal
• prayer for declaratory relief has effect of invoking Declaratory Judgments Act

Source: CourtListener parenthetical corpus (CC0).