Philadelphia v. Sacks

Opinion by

Mr. Chief Justice Bell,

The City of Philadelphia appeals from a final Order of the Court below which dismissed the City’s petition for a declaratory judgment because a quo warranto proceeding had been brought by the Attorney General in the Commonwealth Court in Dauphin County to determine the basic questions Avhich the City sought to raise in its suit. The City, asserting that the Court’s denial of its petition for a declaratory judgment raised a question of jurisdiction, took this appeal under the Act of March 5, 1925, P. L. 23, 12 P.S. §672.

Section 3(b) of the First Class City…