Stone v. Fenstermacher

Barthold, P. J.,

This is a petition for a declaratory judgment filed under the provisions of the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, 12 PS §§831-846, as supplemented by the Act of May 22, 1935, P. L. 228, 12 PS §§847-853, and as amended by the Act of May 26, 1943, P. L. 645, 12 PS §836. Neither the petitioner nor defendants have demanded a jury trial. In this situation the act provides that the absence of such demand “shall be treated as equivalent to an agreement to dispense with trial by jury, and ... all issues of fact, as well as those of law, may be determined…