Bloomfield v. . Ketcham
New York Court of Appeals
This was an appeal from a judgment of General Term rendered upon a case submitted under section 1279 of the Code of Civil Procedure. The affidavit which accompanied the case submitted was made by the attorney for the plaintiff.
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This was an appeal from a judgment of General Term rendered upon a case submitted under section 1279 of the Code of Civil Procedure. The affidavit which accompanied the case submitted was made by the attorney for the plaintiff. The court say: “ To avoid collusive or fictitious submissions the Code (§ 1279) requires that to entitle parties to submit a controversy, the case must be accompanied with the affidavit of one of the parties, to the effect that the 'controversy is real, and that the submission is made in good faith for the purpose of determining the rights of the parties. An attempt…
1Opinion of the CourtRapallo, J.
reads mem. for reversal of judgment and dismissal of proceedings.
All concur.
Judgment accordingly.
2Cited by4 opinions
- Nott v. Klein, New York County Courts1935
- Neustaedter v. WienerAppellate Terms of the Supreme Court of New York · 1908
- Neustaedter v. WienerNew York Supreme Court · 1908
- Town of Salamanca v. Cattaraugus CountyNew York Supreme Court · 1894