McIlvaine v. McKetta

Opinion by

Judge Rogers,

Joseph F. Mcllvaine commenced this action by filing a petition for declaratory judgment under the provisions of the Act of 1923, June 18, P. L. 840, as amended and supplemented, 12 P.S. 831, et seq. The Attor-; ney General of the Commonwealth of Pennsylvania appeared for the respondents, Frank McKetta and Joseph J. Kelley, Jr., and filed so-called Preliminary Objections in which he moved for the dismissal of the petition on the ground that the suit is against the Commonwealth without its consent because it is against the Commissioner of the Pennsylvania State Police…