Practice — Judgments — Declaratory — Petition raising disputed questions of fact — Status of members of Board of Managers of Firemen's Pension Fund — Act of June 23, 1931, P. L. 932.
In this case, in which it appeared that plaintiff petitioned for a declaratory judgment to determine whether defendants were legally qualified and legally appointed members of the Board of Managers of the Firemen's Pension Fund of defendant city in accordance with the provisions of the Act of June 23, 1931, P. L. 932, § 4320, as amended; and that the petition raised disputed questions of fact; it was Held that the petition for a declaratory judgment was properly dismissed.
Mr. Justice JONES and Mr. Justice ROBERTS concurred in the result.
OPINION BY MR. CHIEF JUSTICE BELL, June 27, 1969:
This is an appeal from the Order of the Court of Common Pleas of Lackawanna County dismissing the plaintiffs' petition for a declaratory judgment. The petition which sought a determination of whether the defendants were legally qualified and legally appointed and legally elected members of the Board of Managers of the Firemen's Pension Fund of the City of Carbondale under and in accordance with the provisions of the Act of 1931, P. L. 932, § 4320, as amended, 53 P. S. § 39320, raised disputed questions of fact. For this reason the petition for a declaratory judgment was properly dismissed. Mains v. Fulton, 423 Pa. 520, 522, 224 A.2d 195; Sheldrake Estate, 416 Pa. 551, 553-554, 207 A.2d 802; Mohney Estate, 416 Pa. 107, 109, 204 A.2d 916; State Farm Mutual Automobile Insurance Co. v. Semple, 407 Pa. 572, 180 A.2d 925; McWilliams v. McCabe, 406 Pa. 644, 179 A.2d 222.
Order affirmed.
Mr. Justice JONES and Mr. Justice ROBERTS concur in the result.