Marshall v. Hayward

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901

Appellate Division of the Supreme Court of the State of New York · decided 1901-07-01

<p>Submission of a controversy—requisites of, as to the judgment to be entered, thereon.</p> <p>The Appellate Division cannot exercise any jurisdiction over a controversy submitted pérsuañt to section 1279 of the Code of Civil Procedure, in which it is asked for its opinion upon three formulated questions, until the parties stipulate that a judgment may be directed in accordance with its determination and also what the nature of such judgment shall be.</p>

Decided 1901-07-01

Per Curiam :

¶1This 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.

¶2Present — Goodrich, P. J., Bartlett, Hirschberg, Jerks and Sewell, JJ.

¶3Proceedings dismissed, without costs.