Consolidated Realty Corp. v. Koon

The record contains a statement that summons dated March 1939, appears in the original record, but the same is not included in this record. The record on appeal further states that this is a submission of controversy without action, and the judgment recites that the cause is heard upon the agreed statement of facts, exhibits and affidavits thereto attached, and admissions of counsel. However, while the affidavits required to be filed by C. S., 626, in the submission of a controversy without action are included in the record, the controversy without action, including the agreed statement of…