Allegheny County v. Equitable Gas Co.

Opinion by

Mr. Justice Linn,

This appeal is from the dismissal of a petition for a declaratory judgment. The learned court below was of opinion that the petition disclosed a case “ripe” for action in assumpsit and therefore excluded by the first amendment of 1935 from redress by proceeding under the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, 12 PS, section 831. The act was twice amended in 1935: by an Act of April 25, 1935, P. L. 72, 12 PS, section 836, amending section 6, and by another of May 22, 1935, P. L. 228, 12 PS, section 847, prescribing the practice to be pursued…