Des Caso v. Stiles
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
Burr, J.:
The general rule is that upon a submission of a controversy upon agreed facts the court will not pronounce judgment if it affirmatively appears that there are persons not parties to the submission whose rights will be necessarily affected by such judgment. (Wood v. Squires, 60 N. Y. 191; Dickinson v. Dickey, 76 id. 602; Kennedy v. Mayor, 79 id. 361; Hanrahan v. Terminal Station Commission, 206 id. 494, 502-504; Doyle v. Olson Realty Co., 132 App. Div. 200, 206.)
The real property described in the submission here made belonged to John Given in his lifetime, and was situated on Oak…
2Cases cited3 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Wood v. . SquiresNew York Court of Appeals · 1875
- Doyle v. Olson Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909