Aldrich v. Aetna Co.
Supreme Court of the United States
Error to the Court of Appeals of New York. The code of procedure of the State of New York* thus enacts: “ Parties to a question of difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction, if an action had been brought.
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Error to the Court of Appeals of New York. The code of procedure of the State of New York* thus enacts: “ Parties to a question of difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction, if an action had been brought. But it must appear, by affidavit, that the controversy is real, and the proceeding in good faith to determine the rights of the parties. The court shall, thereupon, hear and determine the case, at a…
1Opinion of the CourtJustice Nelson
An objection is taken to the writ of error under the 25th section of the Judiciary Act, on the ground that the judgment is not rendered in a suit within the words of this section, but was rendered on a voluntary submission without suit, containing a statement of facts agreed on by the parties, under the code of procedure in New York.
We ave of opinion that this objection is untenable. The code simply provides for the institution of the suit or action by the voluntary agreement of the parties, and without any eompulsoi’y process or compulsory proceeding of any kind against the defendant. The…
2Cited by16 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Radice v. People of New YorkSupreme Court of the United States · 1924
- The J. E. RumbellSupreme Court of the United States · 1893
- Atlantic Trust Co. v. The VigilanciaCourt of Appeals for the Second Circuit · 1896
- J. G. Jackson and J. G. Jackson, Jr., Intervenors v. Inland Oil and Transport Co.Court of Appeals for the Fifth Circuit · 1963
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