TOWNSEND, J.
1. If this court were able to reach the conclusion either that the trial court did not pass on the merits of the controversy, or that it erroneously passed on the merits of the controversy, it would be necessary only to rule on whether the petition sets out a situation entitling the plaintiff to a declaratory judgment and we would not reach a discussion of the case on its merits. However, one of the demurrers which was sustained by the trial court is...
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