Ellis v. Johnson

Fenerty, J.,

— This is a petition for a declaratory judgment under the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, 12 PS §831, its amendments and supplements. Respondents filed an answer. The parties elected to have the court decide the case upon the averments of the petition and the answer.

The Uniform Declaratory Judgments Act, as amended by the'Act of May 26, 1943, P. L. 645, sec. 1, 12 PS §836, provides that:

*156“Relief by declaratory judgment or decree may be granted in all civil cases where an actual controversy exists between contending parties, or where the court is…