McWILLIAMS v. McCABE


406 Pa. 644 (1962)

McWilliams v. McCabe, Appellant.

Supreme Court of Pennsylvania.

March 21, 1962.


Attorney(s) appearing for the Case

Thomas M. Garrity and David N. Weiner, with them Wisler, Pearlstine, Talone & Gerber, and Robinson, Greenberg & Lipman, for appellants.

Victor J. Roberts, with him Robert L. Trescher, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, March 21, 1962:

Before passing upon the question raised by the appeal, namely, whether or not the lower Court properly assumed jurisdiction in a Declaratory Judgment proceeding, we shall first dispose of the appellees' petition to quash the appeal to this Court based on the contention that the Order of the lower Court dismissing preliminary objections to the petition was interlocutory. The...

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