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ROSE v. ROSE ET AL.

88 Pa. D. & C. 59 (1953)

Rose v. Rose et al.

Common Pleas Court of Montgomery County, Pennsylvania.

December 3, 1953.

Attorney(s) appearing for the Case

Smillie, Bean & Scirica, for plaintiff.

Wisler, Pearlstine, Talone & Gerber, for defendant Rose and Sapowith.

High, Swartz, Childs & Roberts, for Penna. Co., etc., guardian.

DANNEHOWER, J., December 3, 1953.

Plaintiff filed a petition under the Uniform Declaratory Judgments Act of June 18, 1923, P.L. 840, as amended and supplemented by the Acts of April 25, 1935, P.L. 72, and May 26, 1943, P.L. 645, 12 PS § 831 et seq. Defendants, Bernard Z. Rose and Enid June Rose Sapowith, without replying to the averments of fact in the petition, have filed an answer raising preliminary questions of law. By so doing they admit for the purposes...

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