| New York (State) - 1849 - 864 pages
...had been brought But it must appear by affidavit, that the controversy is real, and the proceeding hi good faith, to determine the rights of the parties....court shall thereupon hear and determine the case, at a general term and render judgment thereon, as if an action were depending. Jnogment § 373. Judgment... | |
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 pages
...said law does not apply to him, and, if it does, same is unconstitutional. SH Stone says that this controversy is real and the proceedings in good faith to determine the rights of the parties. All of which is submitted for judgment." Winston, Commissioner, etc. v. Stone, Auditor The Franklin... | |
| New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...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...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... | |
| New York (State). Legislature - 1848 - 672 pages
...action, may, without action, agree upon a case containing the facts upon tfhich the controversy^™^*" depends, and present a submission of the same, to...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... | |
| 1848 - 718 pages
...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...have jurisdiction if an action had been brought. But to determine the rights of the parties it must appear by affidavit that the controversy is real and... | |
| New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...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...by affidavit, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties. The court must thereupon hear and... | |
| New York (State). - 1850 - 920 pages
...may, without action, agree upon a case containing the facts upon which the controversy depends, arid present a submission of the same, to any court which...by affidavit, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties. The court must thereupon hear and... | |
| Kentucky - 1851 - 544 pages
...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...and render judgment as if an action were pending. § 603. The case, the submission, and the judgment shall constitute the record. § 604 The judgment... | |
| Kentucky - 1851 - 548 pages
...civil action, may, without action, agree npon a case containing the facts upon which the controversy depends, and present a submission of the same to any...and render judgment as if an action were pending. §. 603. The case, the submission, and the judgment shall constitute the record. § 604 The judgment... | |
| New York (State). - 1851 - 266 pages
...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...by affidavit, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties. The court shall l7, how thereupon... | |
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