Wood v. Nesbitt
New York Supreme Court
Controversy between Jennie E. Wood, as administratrix with the will annexed of Samuel Wood, deceased, against Robert M. Nesbitt.
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Controversy between Jennie E. Wood, as administratrix with the will annexed of Samuel Wood, deceased, against Robert M. Nesbitt. The cause was submitted on an, agreed statement under Code Civil Proc. § 1279, which provides as follows: “The parties to a question in difference, which might be the subject of an action, being of full age, may agree upon a case containing a statement of the facts upon which the controversy depends, and may present a written submission thereof to a court of record which would have jurisdiction of an action brought for the same cause. The case must be accompanied…
1Opinion of the Court
Per' Curiam.
Upon examination of the voluminous affidavits submitted upon this motion, not one-tenth part of which had any relevancy to the question involved, we have concluded that Mr. Valentine was in fact the counsel for both parties, and that the controversy was not of that independent character which the Code contemplates. We think, therefore, that the motion should be granted, without costs.
NOTE.
The order entered on this decision was made June 14, 1893, and is as follows:
“An agreed case and a statement of facts for the submission of controversy in pursuance of section 1379 of the Code of…
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