Melnick v. Melnick

Opinion by

Kellee, P. J.,

This is an appeal from a declaratory judgment fixing the marital status, within this Commonwealth, of the petitioner, or plaintiff, and the woman respondent, or defendant. A preliminary question raised in the same proceedings came before us in 147 Pa. 'Superior Ct. 564, 25 A. 2d 111, in which we decided that, since the Act of April 25, 1935, P. L. 72, amending the Declaratory Judgment Act of June 18, 1923, P. L. 840, where one party asserts that a marital relation or status exists between him and an adversary party, who denies such asserted relation or status, he may…