Marshall v. Hayward
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Per Curiam :
This purports to be a controversy submitted pursuant to section 1279 et seq. of the Code of Civil Procedure. We are asked for our opinion upon three formulated questions, but we are not authorized to direct judgment upon the determination of them. Until the parties stipulate that a judgment may be directed herein and also what the nature of the judgment shall be, in view of the contentions of the respective parties, we cannot exercise any jurisdiction in the matter.
Present — Goodrich, P. J., Bartlett, Hirschberg, Jerks and Sewell, JJ.
Proceedings dismissed, without costs.
2Cited by7 opinions
- Woodruff v. . PeopleNew York Court of Appeals · 1908
- Stoddard v. William A. Davis Co.Idaho Supreme Court · 1923
- Denver Tramway Co. v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Goodman v. HymanAppellate Division of the Supreme Court of the State of New York · 1956
- In re Yerks' EstateAppellate Division of the Supreme Court of the State of New York · 1903
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