Kelley v. Hogan

<p>Submission of a controversy —it must allege that a controversy exists, and ask that a judgment determining it be granted, — additional statement, when not allowed.</p> <p>The court will not consider what purports to be a submission of a controversy upon an agreed statement of facts pursuant to sections 1279-1281 of the Code of Civil Procedure, where such statement of facts does not allege that a controversy exists between the parties, and the submission does not ask that a j udgment determining such controversy be granted. The court will not permit the parties to file an additional statement under section 1281 of the Code of Civil Procedure, when it appears that persons whose presence is necessary to enable the court to grant any judgment have not been made parties to the submission.</p>