Consolidated Realty Corp. v. Koon

Upon tbis record tbe judgment below cannot be sustained.

Tbe statute, C. S., 626, provides that: “Tbe parties to tbe question in difference which might be tbe subject of civil action may, without action, agree upon a case containing tbe facts upon which the controversy depends, and present a submission of tbe same to any court which would have jurisdiction if an action bad been brought.” It further provides that: “The judge shall bear and determine the case, and render judgment thereon as if an action were pending.”

Tbe purpose of tbe statute is to dispense witb the formalities of a summons,…