Pennsylvania Threshermen & Farmer's Mutual Casualty Insurance v. Wilkins

Bell, Judge.

The sole question raised by this bill of exceptions is: Does the plaintiff’s petition, as twice amended, state a justiciable controversy authorizing the granting of a declaratory judgment?

As stated in a leading opinion: “The difference between an abstract question and a 'controversy’ contemplated by the Declaratory Judgment Act is necessarily one of degree, and it would be difficult, if it would be possible, to fashion a precise’ test for determining in every case whether there is such a controversy. Basically, the question in each case is whether the facts alleged, under all the…