Williams v. City of Rochester

By the Court

Dwight, J.

This purports to be a submission of a controversy, without action, under section 372 of the Code of Procedure. But the parties have apparently mistaken the province and purpose of that provision of law. Its object is to enable parties, without resort to legal process or formal pleadings, to submit to the court, for its adjudication, some alleged cause of action or claim for relief. The submission must be for an adjudication. A case must be presented in which a judgment may be rendered in favor of one and against the other of the parties to the submission; and the case…