James

This is an action brought under section 1060 of the Code of Civil Procedure, entitled “Declaratory Relief.” The appeal is from the judgment declaring plaintiff’s rights in and to certain moving picture films and productions.

The appellants contend that this is not an action for declaratory relief, but is an unclassified proceeding and unknown to law or equity, and that the complainant does not state a cause of action, and cite section 24, article IV, of the constitution.

There is no merit in this contention nor in appellants’ arguments to sustain it.

The supreme court of California in Blakeslee v. Wilson, 190 Cal. 479 [ 213 Pac. 495 ], decided that section 1060 of the Code of Civil Procedure was constitutional and in an opinion by Justice Waste (now Chief Justice), concurred in by the entire court, gives a comprehensive review of the subject of declaratory relief and of sections 1060, 1061, and 1062 of the Code of Civil Procedure (Stats. 1921, chap. 463, p. 689), providing for declaratory relief in the state of California.

That was an action brought by the plaintiff for a declaration of his rights under certain contracts of employment entered into with the defendants. A…