Theller v. Such

McKinstry, J.:

The cause was submitted in the Court below upon the agreed statement following:

“ Whereas, a certain controversy has arisen and exists between the above-named plaintiffs and the above-named defendant, and in such controversy the question in difference is one that might be the subject of a civil action, of which said action, had it been brought, this Court would have jurisdiction.

“ And whereas, the said plaintiffs and said defendant, to the end that said controversy may be speedily and finally determined and ended have agreed to submit said controversy to this Court.

“ Now said…