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293 Pa. 263

142 A 224

Leafgreen v. La Bar

Supreme Court of Pennsylvania

Decided May 14, 1928

Supreme Court of Pennsylvania · decided 1928-05-14

Relies on Kariher's Petition (No. 1)

Good law ✅— No negative treatment on recordhow we know

Decided 1928-05-14

How this case has been cited

Cited by 17 later decisions — most recently May 1974

2 federal appellate · 15 state decisions

80192819301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1 Twenty-three exceptions were filed by plaintiff to an account pending in the court below in an equity pro *264 ceeding, one of which denied the propriety of a credit claimed by defendant accountants. Before the exceptions were argued or disposed of, plaintiff presented a petition for a declaratory judgment to determine the right of accountants to be allowed the credit just mentioned. The court below entered a declaratory judgment sustaining the exception in question. It is from this judgment that the present appeal is taken, pursuant to the provisions of the Uniform Declaratory Judgments Act of June 18,1923, P. L. 840.

¶2 In Kariher’s Petition, 284 Pa. 455, 471, we said, construing the act here invoked, that a proceeding to obtain a declaratory judgment will not be entertained where another equally serviceable remedy has been provided for the character of case in hand. This principle is applicable to the present case; for here an appropriate remedy was being pursued in the court below, and there was no occasion for a declaratory judgment. We shall make no ruling and express no opinion on the merits of the exception thus sought to be preliminarily determined. All the exceptions must be disposed of at one time, in the usual way.

¶3 The judgment appealed from is set aside; costs to await a future order.

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