Legal Opinion · Dissent

C. H. Pitt Corp. v. Insurance Co. of North America

Supreme Court of Pennsylvania

Decided October 9, 1969No. Appeal, 3Published

1Dissent

*386Dissenting Opinion by

Mr. Justice Roberts:

I believe that the entertaining of declaratory judgment proceedings was properly for the discretion of the trial judge, and therefore I dissent.

It is an ongoing source of amazement to me that a májority of this Court can continue to ignore the explicit language of the Uniform Declaratory Judgments Act, ¡ Act of June 18, 1923, P. L. 840, §6, as amended, 12 P.S. §836, which should control this case. That statute provides in no uncertain terms that the availability of other relief, legal or equitable, “shall not debar a party from the privilege of…

2Cases cited2 opinions

  1. Sheldrake EstateSupreme Court of Pennsylvania · 1965
  2. Harleysville Mutual Insurance v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1969

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